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 August 29, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving) at the Changwon District Court's branch on August 29, 2008. On October 30, 2013, the Defendant was sentenced to a fine of KRW 10 million for a violation of road traffic law (drinking driving) at the Changwon District Court's Chang Branch branch on October 30, 2013.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on October 29, 2015, the Defendant driven a BM3 car under the influence of alcohol content 0.140%, without obtaining a driver’s license from a three-km apartment parking lot located in the Gyeong-gun, Chang-gun, Chang-gun, Chang-gun, Seoul, to the front road of the fish-type restaurant located in the same Ri, from around 2km.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to previous rulings attached thereto);

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 for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has a record of having been punished several times for the same crime, it is necessary to punish the defendant strictly because he/she again committed the instant crime.

However, in consideration of the fact that the defendant reflects his own crime and does not repeat the crime, and that there is no criminal record of the suspension of execution or more, the sentence of the same punishment as the order shall be sentenced.