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

On February 27, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Busan District Court’s branch branch, and on February 3, 2014, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.

Nevertheless, on October 13:14, 2019, the Defendant driven CM6 car in the state of alcohol with approximately 50km alcohol concentration of about 0.034% without a car driver’s license from the front of Busan Shipping Daegu apartment to the front of the coast guard station in Ulsan-gu, Nam-gu. The Defendant driven CM6 car without a car driver’s license.

Accordingly, the Defendant, while drunk, driven a motor vehicle at least twice, and driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of two-yearly Acts and subordinate statutes, such as the ledger of driver's license (before and after the market), criminal records, and summary order;

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

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 under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [The statutory punishment for a violation of the Road Traffic Act: imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than 10 million won but not more than 20 million won] has been punished twice for the same drinking crime; however, the defendant has led to confession of the crime of this case; there has been misunderstanding; there has been no record of punishment exceeding the fine; there has been no record of punishment beyond the fine; the defendant's age, environment, the degree of alcohol concentration and driving distance; and circumstances after the crime.