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 June 14, 2007, the Defendant violated Article 44(1) of the Road Traffic Act on two or more occasions, on the following grounds: (a) a summary order of KRW 1.5 million for a violation of the Road Traffic Act, (b) a fine of KRW 2 million for the same crime in the same court on November 12, 2007; and (c) a summary order of KRW 5 million for the same crime in the same court on September 25, 2012; and (d) a person who was issued a summary order of KRW 5 million for the same crime in the same court on September 25, 2012.

[Criminal facts] On February 23, 2016, the Defendant driven the B-wing truck at a section of about 1 km from around 04:00 to around the road of dry film water located in the same Nowon-dong, Daegu Northern-dong, with alcohol content of 0.094% at around 04:0.00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Although the liability for the crime of this case is not denied in that the defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the crime of this case, even though he had been punished for six times due to drinking driving, the defendant's confession of the crime of this case and reflects his mistake, and other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, etc., including the defendant's age, sex, environment, motive, means and consequence of the crime of this case, shall be determined as per the order, taking into account the various circumstances, which form the condition of sentencing