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] The defendant was issued by the Incheon District Court on August 14, 2008, a fine of 1.5 million won for a crime of violating the Road Traffic Act (dacting driving), a fine of 5 million won on September 14, 2012 for the same crime from the support of Suwon Friwon, and a fine of 7 million won for the same crime at the Incheon District Court on July 25, 2014, respectively.

[2] Although Defendant 1 had been able to violate two times the prohibition of driving under the influence of alcohol as above, Defendant 2 driven a Bsp vehicle without a vehicle driver’s license in the state of being under the influence of alcohol with approximately 0.197% alcohol concentration from approximately 5km to the front road of 428 ironline, as from August 23, 2018, as it was around 07:30, Incheon Skamamam, 53, as it was from the front road of the Red Sea Iam, to the front road of the 428 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a driver driving, notification of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 is that even though the defendant had a record of criminal punishment three times due to driving of drinking alcohol, the defendant again committed the crime of this case, and the character of the crime is not good when the drinking value reaches a considerable degree (0.197%).

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The driver did not cause any accident while driving alcohol.

There shall be no record of punishment of imprisonment without prison labor or heavier punishment.

The above circumstances include the character and conduct of the defendant, family relationship, family environment, motive and means of the crime, and circumstances after the crime.