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.

On November 12, 2014, the Defendant received a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving) from the Daegu District Court Young-gu District Court (Seoul District Court) and a summary order of KRW 5 million for the same crime in the same court on October 14, 2010, respectively.

On May 17, 2018, at around 21:25, the Defendant driven C rocketing car under the influence of alcohol content of 0.197% while under the influence of alcohol without obtaining a driver’s license, from around 1km to the front of the Ulsan High School located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Statement report on the situation of a driver driving, notification on the results of regulating drinking driving, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions in the judgment: Application of inquiry, inquiry report (Attachment to the judgment, etc. of the same kind of case) 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 with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, including the Defendant’s age, environment, sex, motive, means and consequence of the crime, and the circumstances after the crime. The execution of the above punishment shall be suspended on the condition that protection observation, community service order, and lecture order are faithfully observed.

Unfavorable circumstances: The defendant has been punished for six times due to drinking or non-licensed driving.