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

On September 13, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor for special larceny and 2 years of suspended execution in the Chungcheong District Court's Chungcheong Branch. The judgment became final and conclusive on September 24, 2013.

On April 2, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Cheongju District Court Support on April 2, 2008, and a summary order of KRW 2 million as a fine from the Cheongju District Court Assistance on March 8, 2010.

On August 13, 2013, at around 23:10, the Defendant driven a gallon vehicle with blood alcohol concentration of 0.093% from a section of approximately 800 meters away from the previous road of the Chungcheong Medical Center in the Chungcheongnam-si Culture Complex to the front road of the central district located in the same sex-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Inquiry reports on criminal records, etc. and investigation reports (Binding a copy of the summary order);

1. Previous records: Application of investigation reports (report attached to judgments, etc.) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty; Selection of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 defendant again commits the instant crime even though he had a previous record of a three-time drinking driving, the risk of drunk driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: The defendant reflects the crime, considering equity with the case where the defendant is judged simultaneously with the previous record of his judgment, and taking into account other circumstances, which include the defendant’s age, character and behavior, occupation, family environment, etc., and take into account various circumstances,