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

[criminal history] On September 4, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on April 2, 2018, a summary order of KRW 1,500,000 for a fine for the same crime in the Sungnam Support of Suwon Friwon, which was issued by each of the above crimes.

[2] On July 14, 2018, the Defendant driven CMW car under the influence of alcohol content of about 0.142% in blood without a driver’s license from about 1km section to the front road of 1km-dong, Seoul, the Mabro-dong, regardless of whether it is located in the Songpa-gu Seoul, Songpa-gu Seoul Metropolitan Government (Seoul), to the Mabro-dong in the same Gu-dong-dong.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the circumstances of driving at home;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions: Application of a written inquiry and a summary order under two Acts and subordinate statutes, such as criminal history;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of alternative imprisonment with prison labor (or, considering unfavorable circumstances, such as that the defendant has been punished for the same kind of crime several times);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount (a favorable circumstance, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;