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.

On July 2, 2008, the Defendant was issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and on May 17, 2016, the same court issued a fine of KRW 4 million as a crime of violation of the Road Traffic Act.

On June 30, 2018, around 00:55, the Defendant driven B-low-car under the influence of alcohol content of approximately 0.168% from the 20km section to the front of the restaurant, where it is impossible to identify the trade name located in the Seocheon-dong, Busan Metropolitan City.

Accordingly, the Defendant, who violated the prohibition clause on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of an inquiry letter, such as criminal history, and an inquiry report (Attachment to a copy of a summary order) statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. The reason for sentencing under Article 62-2 of the Criminal Act was that the defendant had been punished twice due to drinking, but again he again went to drive the drinking of this case.

However, the punishment as ordered shall be determined in consideration of various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, the degree of drinking, and circumstances after the crime, etc., in consideration of the fact that the defendant is aware of and against the crime, there is no record of punishment exceeding the fine, the circumstances that led to the driving of drinking, and other circumstances that are conditions for sentencing.