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

[criminal power] On June 18, 2012, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on the grounds that he was sentenced to a suspended sentence of KRW 1 year for the same crime on March 25, 2014.

【Criminal Facts】

On July 15, 2016, at around 20:10, the Defendant driven CM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.124% from the 8km of the 8km section, which is in the general course of human metropolitan area, from the niver of the niver of the niver of the city, Namwon-si to the front road of the niver of the niver of the city.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking driving, and report on the situation of drinking drivers;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (attached reports, such as a copy of the same attached judgment);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act, including the criminal record of probation and community service order and order to attend a lecture, is likely to be subject to criticism in that the defendant, who had been subject to three times of criminal punishment due to drinking driving, once again.

다만, 술을 마신 후 상당한 시간 동안 낮잠을 자면서 휴식을 취한 피고인으로서는 술이 깼다고 생각했을 여지도 있는 점, 적발 당시 언행 및 보행 상태가 양호했던 점을 유리한 정상으로 참작하고, 피고인에게 실형이 선고될 경우 가족의 생계유지가 어려워질 것으로 보이는 점, 피고인의 건강이 좋지 않은 점 등 제반 양형조건을 종합적으로 고려하여 주문과 같이 형을 정한다.