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 March 9, 2011, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Western District Court, and on January 12, 2017, the Seoul Southern District Court received a summary order of KRW 7 million for a crime of violating road traffic laws (driving alcohol).

[2] On February 9, 2017, around 21:40, the Defendant driven a DM5 car while under the influence of alcohol concentration of 0.108% without obtaining a driver’s license from the front Do of Gangnam-gu Seoul to the front road of Gangnam-gu Seoul, Seoul, and without obtaining a driver’s license.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving, indication of the numerical record of drinking measurements, and report on the detection of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, a criminal investigation report (referring to the previous one and the summary order attached), and a copy of the summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative imprisonment with prison labor (the defendant has already been punished two times as drinking, and again commits the instant crime on January 12, 2017; driving again at the time when one month has not passed since he/she was notified of a summary order due to drinking driving on January 12, 2017; driving again again; driving again at the time when he/she was discovered; and the amount of alcohol concentration in blood at the time of detection is not lowered;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (the defendant.)