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

On November 25, 2014, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving) in the resident support of the Daegu District Court on November 25, 2014. On July 11, 2016, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving) in the same court.

On December 23, 2016, at around 19:50, the Defendant driven CMW car under the influence of alcohol content of at least 0.144% while under the influence of alcohol without obtaining a driver’s license from the front of the restaurant of the ancient flag, which is located in the 1km-dong of the same city to the front road of the Taedong Industrial Complex located in the same city.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. Statement of the circumstances of the driver involved in driving, report on the detection of the driver involved in driving, and inquiry of the results of crackdown on drinking;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (prior convictions in the same case), application of the text of the judgment;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant was already sentenced to a suspended sentence of imprisonment on November 25, 2014 due to driving under drinking, on the grounds of sentencing Article 62-2 of the Criminal Act.

However, on April 23, 2016, when the defendant was under the period of probation, driven a drinking again, and was punished by a fine.

Nevertheless, on December 23, 2016, the Defendant again went to commit the instant crime, such as driving under drinking, etc.

In this case, the numerical value of drinking driving is also high.

The defendant is strictly punished.