However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

On October 6, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) at the Cheongju District Court’s Assistance, and was sentenced to a fine of KRW 8 million for the same crime in the same court on August 29, 2017.

On February 3, 2018, around 19:55, the Defendant driven a motor vehicle with approximately 1.5m alcohol concentration at approximately 0.05m alcohol level, without obtaining a driver's license, from the front side of the mountain Dog-ri, the mountain Dog-ri, the Yan-si, the Yan-si, the Yan-si, the Yan-si, the Yan-si, the Yan-si, the Yan-si, the Yan-si, the Yan-si, the Yan-si.

Accordingly, the defendant, who has been punished for driving a motor vehicle more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger (A);

1. The next inquiry (B);

1. Criminal Records: Reference letter (A), investigation report (verification of suspect's history of punishment for drinking alcohol), summary order, and application of the statutes of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act includes two or more alcohol driving skills within three years, and six months after being sentenced to a fine. The name of the crime is the same again. The crime is repeated in a short period and the alcohol concentration in the blood with the previous drinking exhibition is very high (0.108%, 0.205%). The actual accident occurred. Considering such circumstances, imprisonment is selected by taking into account: (a) the alcohol concentration in blood during the crime; (b) the record of the crime (0.056%) and the record of the crime (two times prior to a fine for drinking driving).