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

On October 19, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in Daegu District Court and its racing support, and on October 2, 2014, the Defendant issued a summary order of KRW 6 million for the same crime in the same court.

On August 8, 2015, at around 13:25, the Defendant driven a Fpoter cargo vehicle while under the influence of alcohol 0.222% of the blood alcohol concentration without a driver’s license, even before the front road of the residence of C located in D. on the front road of the vehicle located in D. The Defendant driven a Fpoter cargo vehicle without a driver’s license.

Accordingly, the Defendant, even though he had a record of being punished by driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle again while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident occurrence report;

1. The circumstantial report on a drinking driver, the report on detection of a drinking driver, and the report on the results of the control of drinking driving;

1. Details of disposition for cancellation of driver's license and application of the ledger of driver's license;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the Defendant had been punished not less than twice due to drinking driving, again committed the instant crime.

Provided, That there shall be no history of the criminal defendant subject to suspension of qualification or heavier punishment.

The probation division shall take into account all the sentencing conditions shown in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and circumstances after the crime.