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.

[2] On May 27, 2013, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court Branch of the Daejeon District Court to a fine of KRW 1.5 million due to a violation of road traffic laws (driving), and on March 22, 2016, the Defendant received a summary order of KRW 4 million due to a violation of road traffic laws (driving), respectively.

[2] On July 22, 2017, Defendant 1, who violated the provision prohibiting driving of drinking under Article 44(1) of the Road Traffic Act two or more times, was driving a Crane car under the influence of alcohol by 0.140% without obtaining a driver’s license from the 1km section in the front of the Seowon Resident Center in Seoul Special Metropolitan City, Nowon-gu until the 40-ro 24th road in front of the Gwanak-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), the place where drinking is measured, and the report on the detection of

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor [the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant was punished twice due to drinking driving in the past and once due to driving without a license, again leading to each of the crimes of this case, that the previous crimes have occurred relatively recently, that the concentration of alcohol in blood was considerably high at the time of detection, and that the traffic accident during driving in the course of drinking (not prosecuted) causes a traffic accident (the defendant shall be punished by imprisonment with prison labor);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (including the following circumstances: (a) the accused recognizes all criminal facts and reflects the criminal facts; and (b) the accused does not have any penalty heavier than the fine before the instant case;

1. The Criminal Act, the suspension of execution;