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 October 27, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on July 21, 2008, a fine of one million won for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on July 21, 2008, and seven million won for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Ansan Branch on February 28, 2012, respectively.

【Criminal Facts】

On February 27, 2015, at around 14:14, the Defendant driven a rocketing car on the front of the reservoir located in the Yancheon-gu, Ansan-gu, Yansan-si in the state of drunk alcohol concentration of 0.087%.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Place as a result of the drinking test;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions for sentencing under Article 51 of the Criminal Act are all taken into account, such as the following: (a) the Defendant’s mistake is against the Defendant; (b) the blood alcohol concentration at the time of the instant case was not high; and (c) the occurrence of the accident was not high; and (d) there was no criminal record other than the fine.