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 August 13, 2010, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on the same day, and on June 17, 2015, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) and received a fine of KRW 2.5 million on two occasions.

[2] On December 19, 2015, the Defendant driven a D Span-type car under the influence of alcohol concentration of approximately 0.097% in blood alcohol level from approximately 500 meters to the front road, where the Defendant was under the influence of alcohol level of about 0.097% in the 500-meter section from the day on which the Defendant was under the influence of alcohol level of around 00:43 to the day on which the Defendant was under the influence of alcohol level of at least 606 from the day on which the Defendant was under the influence of alcohol level.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same kind of force), copy of summary order, etc.;

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 (the following sentencing shall be considered in consideration of the circumstances favorable to the defendant, among the crimes committed) of the mitigated amount;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, has the same criminal records and two times.

Nevertheless, the crime of this case was committed again.

Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the defendant is against himself and has no other criminal record except for the same criminal record in the judgment of punishment with a fine.