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

On January 17, 2007, the Defendant received a summary order of KRW 2.5 million from the ordinary military court of the Army Education Headquarters due to a violation of road traffic laws (drinking), and on February 12, 2008, the Defendant received a fine of KRW 2 million from the same court due to a violation of road traffic laws (drinking).

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a C Poter under the influence of alcohol leveling 0.128%, without obtaining a driver’s license, from the Defendant’s mushroom farm located in Chungcheong-gun B around October 8, 2016 to the outer spoke distance located in the said Young-gun, Dong-gun, Dong-gun, dong-gun, from around 3km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Records of crime: References to inquiries, such as criminal history, investigation reports (Evidence List No. 10), and the application of attached documents and statutes;

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

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

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

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

6. The reasons for sentencing Article 62-2 of the Criminal Act, as indicated in the judgment of the lower court, had been subject to a fine twice for the crime of drinking alcohol driving, and there was also a record of being punished by a fine for the crime of refusing to measure drinking in 2014 and the crime of driving without a license in 2016.

In this regard, the Defendant again committed the crime of non-licenseless driving of the instant drinking, and the alcohol concentration level in the blood transfusion was 0.128% higher.

However, on the other hand, the defendant is not only the same crime but also the same crime.