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

On May 8, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Incheon District Court, and on April 11, 2008, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the same court on April 11, 2008, and received a summary order of KRW 5 million as a fine for the same crime from the Port Branch of the Daegu District Court on March 25, 2014.

On February 22, 2015, the Defendant had been punished for drunk driving twice or more, and around 23:45 on February 22, 2015, at around 0.088% under the influence of alcohol level without a driver’s license, driving approximately 2 km from the front of the Gu Kuung-dong Gung-dong Gung-dong Gung-dong Gung-dong Gung-dong, by using the B SPP car under the influence of alcohol level of 0.08%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, report on the circumstances of drinking drivers, and inquiry about the results of the regulation of drinking driving;

1. The register of driver's licenses, and making inquiries into the car register;

1. Previous records: Application of inquiry reports, such as criminal records, investigation reports (suspects' previous records and attachment of judgment) and statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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, such as probation, community service order, and order to attend a lecture, is that the defendant was punished several times for drunk driving, and that he was driving under a license without a license, etc., is disadvantageous to the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., that the defendant is going to not to drive under the influence of alcohol again in the future as he/she reflects the mistake.