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

On December 21, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Changwon District Court's branch on December 21, 2007. On April 25, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court's branch office.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, at around April 21, 2015, the Defendant driven a B-learning car under the influence of alcohol content of about 40 meters without obtaining a driver’s license from a vehicle driving license on the front side of the “Japanese-ri” road located in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the front side of the “W-ri-ri-ri” in the same Ri, on April 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant needs to be punished strictly because he/she again committed the instant crime at the time when one year has not passed since the defendant was found to have been punished due to drinking driving, etc., for the reason of sentencing under Article 62-2 of the Criminal Act, since he/she again committed the instant crime.

However, it is higher than the suspension of execution that the defendant reflects his own crime and does not repeat the crime.