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

(2) On February 6, 2014, the Defendant was sentenced to one year and six months of imprisonment and three years of suspended execution due to indecent act by force at the Jeju District Court on February 6, 2014, and the judgment became final and conclusive on July 3, 2014.

【Criminal Facts】

On June 6, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.067% at around 21:10, and was driving B vehicles at approximately approximately 300 meters from the beginning of the Jeju-si Seo-dong Seo-dong Seo-gu, to the front of the “Weeg Loans” located in the same Dong.

Summary of Evidence

1. Examination of the defendant's results of crackdown on drunk driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Handling of concurrent crimes with imprisonment under Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act: latter part of Article 37 of the Criminal Act and Articles 39 of the Criminal Act (the crime of this case is concurrent crimes with the crime of indecent act by force, etc. as judgment becomes final);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. An order to attend a lecture: A favorable circumstance is determined as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc.: The recognition of and reflects on the facts of the crime, the degree of blood alcohol content is not high: In light of the circumstances of the crime, etc., the fact that the crime is not good (in the appellate trial after a judgment of the first instance is rendered due to the crime of indecent act at the time, etc., the crime is pending in the appellate trial), the fact that there is a recent same criminal record (in the event of the violation of the Road Traffic Act of May 27, 2014, and a fine of four million won). The equity in the case of the judgment is concurrent with the crime of indecent act by force, etc. in which the judgment becomes final and conclusive, it is necessary to examine whether to reduce or exempt the punishment by taking into account the equity in the case of the judgment at the same time.