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

[criminal history] On June 4, 2012, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law at the Changwon District Court’s Tong branch branch on March 3, 2014, and a fine of KRW 2,00,000 as a fine for the same crime at the Busan District Court’s Dong branch branch on March 3, 2014. On July 23, 2015, the Defendant was sentenced to a fine of KRW 6,00,000 for the same crime, etc.

[2] Although Defendant 1 had been subject to three times punishment for the crime of violating the Road Traffic Act (driving of alcohol), Defendant 2 driven his/her own car without a driver’s license while under the influence of approximately 0.05% of alcohol level in the section of about 700 meters of alcohol level from the direction of the Orstle-distance tower located in the south-dong at the port of 00:5 on Jan. 23, 2016 to the road in front of the earth bath located in the same city-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (report accompanied by a summary order, etc. of the same kind of power), application of each summary order and copy of the text of the judgment;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

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. In light of the reasoning for sentencing under Article 62-2 of the Criminal Act, in 2012 and 2014, the Defendant repeatedly committed the instant crime even though he/she was punished by a fine of KRW 6 million due to driving without a license for drinking alcohol in the year 2015 and was punished by a fine of KRW 6 million due to driving without a license for drinking alcohol in the year 2015, it is inevitable to punish the Defendant with strict punishment.

However, there is no record of punishment heavier than a suspended sentence, and the defendant supports his/her wife and child.