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

On April 30, 2008, the Defendant was sentenced to a summary order of 2.5 million won by committing a crime of violation of the Road Traffic Act, etc., and on August 13, 2014, the Defendant was sentenced to a suspended sentence of 2.5 million won by imprisonment with prison labor at the Seoul Central District Court for the same crime, and on August 21, 2014, the judgment became final and conclusive on August 21, 2014.

On June 15, 2016, at around 09:54, the Defendant driven a Creaton vehicle under the influence of alcohol with a blood alcohol concentration of 0.070% without obtaining a driver’s license from the front side of the “Yung apartment” road in Pyeongtaek-dong, Seoyang-si, Gyeonggi-do to the same city from about 6km-ro, 441.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection and report on the state of primary employment;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the same criminal records and facts during the period of suspension of execution);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

The defendant has already been.