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 September 14, 201, at the Changwon District Court, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on November 9, 2015, the same court issued a fine of KRW 4 million for the same crime.

【Criminal Facts】

On December 6, 2018, the Defendant, while under the influence of alcohol 0.132% of blood alcohol level around 22:50 on December 6, 2018, driven from the road front of the parking lot in Kimhae-si B to the road front of the E high school located in Kimhae-si D in Kimhae-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. The actual condition survey report;

1. Photographs of the accident site;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of drinking records at least twice);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant committed a second offense without being aware of the history of punishment twice due to drinking driving.

At this time, the influence of drinking alcohol caused an accident that shocks the central separation zone and the chemical team.

At the time, the level of alcohol is not weak.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The accident caused only physical damage, and it seems that the comprehensive motor vehicle insurance that the defendant subscribed to the motor vehicle will be compensated.

The previous department was sentenced to a fine in full, and there was no previous conviction of suspension of execution or more.

In addition, the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime.