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

On May 14, 2007, the Defendant issued a summary order of KRW 3 million for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) at the Sunggu District Court's Sung Branch branch on May 14, 2007. The Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court on February 18, 2008, and a fine of KRW 2.5 million for the same crime in the same court on November 12, 2010.

On January 28, 2013, the Defendant, without obtaining a driver's license at around 15:40 on January 28, 2013, driven a 50-meter B 1 ton freight vehicle at the front of the king Dog-ri, the king-ri, the Dog-gun located in the west-ri, Seog-ri, Gyeongwon-ri, the Defendant, while under the influence of alcohol by 0.135%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking control, and the register of driver's licenses;

1. Application of the Act and subordinate statutes to inquiry reports and investigation reports (not less than twice drinking driving records);

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished several times due to drinking and unlicensed driving in the past, and the defendant's strict punishment is inevitable in light of the purpose of the revision of the Road Traffic Act that has strengthened punishment for drinking driving.

However, the arguments in this case include the fact that the defendant recognized his mistake and reflects his depth, the age, family relationship, health status, personality and conduct, environment, motive for the crime, circumstances after the crime, etc.