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.

[criminal history] On April 23, 2009, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of a fine of two million won due to a violation of road traffic laws at the Daegu District Court on the same day, and a fine of two million won due to a violation of road traffic laws at the Seoul Western District Court on May 26, 2014.

[2] On February 21, 2016, the Defendant: (a) driven a Bice vehicle with approximately 150 meters alcohol concentration at the section of approximately 0.123% under the influence of alcohol level 0.123%, without obtaining a driver’s license from the front side of the 53-gu Seoul Southern-gu, Daegu-gu, Daegu-gu, Seoul-gu, to the front side of the 9-dong Office with a large width of about 06:40 meters; (b) operated a Bice vehicle under the influence of alcohol level 0.123%; and (c) was called to the above site and was driven by the patrol vehicle belonging to the Daegu-gu Police Station, who was living in the said vehicle, walked the Defendant, walked the dong, kiding it again at the speed of about 50 centimeters, and drive a motor vehicle under the influence of alcohol level 0.123% b in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions: Inquiry of criminal history data and application of Acts and subordinate statutes of a report on criminal investigation (verification of the same criminal records as the suspect);

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act – Reasons for sentencing in favor of the defendant: The defendant reflects the crime of late drinking; unfavorable circumstances: the defendant has been punished by a fine due to drinking or non-licensed driving (three times of drinking driving and twice of non-licensed driving) despite his name.