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 June 22, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Assistance, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on January 5, 2015, respectively.

[2] On April 9, 2017, at around 00:50, the Defendant driven a Bland with alcohol concentration of about 0.083% in the section of approximately 100 meters from the front of the instant house located in the Jincheon-gun, Jincheon-gun, Jincheon-do, Jincheon-do to the front of the instant house, Jincheon-do, Jincheon-do, Jincheon-do, Jincheon-do, Jin-do, Jincheon-do to the road located in the front of the instant road of about 100 meters in the direction of blood alcohol level.

As a result, the defendant, who has been punished not less than twice due to a violation of the Road Traffic Act, was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements prepared in D;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, a written list of related cases, and a summary order text;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime despite the fact that the Defendant had been subject to two times punishment for driving alcohol, and the circumstances favorable to the Defendant, such as causing traffic accidents in the state of drinking: The Defendant recognized the instant crime; the Defendant’s blood alcohol concentration at the time of the instant case was not high; the Defendant was not subject to suspended sentence or higher; the Defendant’s age, sex behavior, environment, circumstances, means and consequence of the instant crime.