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

1. On February 21, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law at the Seoul Central District Court on February 21, 2008, a summary order of KRW 2.5 million for the same crime at the Seoul Western District Court on January 9, 2009 (the Defendant filed a request for formal trial against the above summary order and withdrawn it), and on May 28, 2014, a summary order of KRW 3 million for the same crime at the Seoul Western District Court on May 28, 2014.

2. Criminal facts are those whose driver’s license is revoked as of June 20, 2014.

On May 9, 2016, the Defendant driven B K5 vehicle under the influence of alcohol 0.160% in the section of about 40 meters from the road of Eunpyeong-gu Seoul Metropolitan City 124-17, to the road of about 8-ro 29:00, the Seoul Eunpyeong-gu.

Accordingly, the Defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license in violation of the said provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving of alcohol, the statement of the situation of the driver under driving, and the register of driver's licenses;

1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;

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 which is heavier than punishment);

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the criminal records as indicated in the judgment, had already been punished for four times or drinking driving, and again, the drinking of this case was driving again, and the alcohol level in blood is also high.