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

On August 3, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court, and a summary order of KRW 5 million for a fine of KRW 1.5 million for the same crime on September 1, 2014.

피고인은 2014. 11. 23. 22:45경 충남 예산군 예산읍 역전로134번길 23에 있는 ‘불타는쭈꾸미’ 식당 앞 도로를 금오초등학교 방면에서 산성리 방면으로 약 8m 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.173%의 술에 취한 상태로 B 코란도 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. The ledger of driver's licenses;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal records, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da15488, Apr. 21, 2007) (see, 2008Da1248, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;