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

On June 15, 2018, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch on June 15, 2018. On August 2, 2018, the Defendant received a summary order of a fine of five million won for a violation of the Road Traffic Act from the Ansan District Court's Ansan Branch on August 2, 2018.

On February 12, 2019, at around 01:35, the Defendant driven a D low-speed car under the influence of alcohol leveling 0.146%, without obtaining a driver’s license, from approximately 15km section from the roads from the Sincheon-dong, Incheon to the front road in Michuhol-gu, Incheon Metropolitan City.

As a result, the defendant had already been punished for drinking driving more than twice, but he again carried out drinking driving and driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection (driving, driving without a license), report on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the control of drinking driving, notification on the results of the control of drinking-driving, photographing photographs of site and the register of driver's licenses

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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 value of blood alcohol concentration for the reason of sentencing under Article 62-2 of the Criminal Act, the distance and time of drunk driving, drinking or non-licensed driving (4 times in total), which again causes considerable danger to the public safety by driving in drinking condition, even though the person was punished for the reason of sentencing under Article 62-2 of the Criminal Act, and further causes significant danger to the public safety by driving in drinking condition. The time interval (not less than six months) after the last same force, and other Defendant’s age, character and conduct, environment, and crime.