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

On February 9, 2007, the Defendant is a person who has been in violation of Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of KRW 7 million from the Incheon District Court on July 28, 2016 to a crime of violation of the Road Traffic Act in the support for the safe flow of a water source method (drink driving) to a fine of KRW 500,000,000,000 for a violation of the Road Traffic Act from the support for the safe flow of a water source method (drink driving) on April 16, 2008 to a fine of KRW 2 million for a violation of the Road Traffic Act.

On January 24, 2017, the Defendant, while under the influence of alcohol content 0.095% during blood transfusion, driven a Efol-do car at approximately two kilometers in the section of approximately 2 km from the boomed Dob, to the 207-dong underground parking lot for Siung-si, Anung-si, with no driver’s license, at the center of Siung-si, 313 roads at the city of Siung-si without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A written statement of a driver who takes driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

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)

1. 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);

1. Selection of imprisonment with prison labor chosen;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sex, environment, circumstances leading to the instant crime, means and results thereof, circumstances after the instant crime, both similar cases, and other various conditions of sentencing that are shown in the pleadings of the instant case. In particular, the following circumstances should be taken into account: (a) the Defendant is driving under the influence of alcohol twice, even if the Defendant had the ability to drive under the influence of alcohol, and is also driving under the influence of alcohol.