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

On June 15, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court on June 15, 2009, and was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court on August 27, 2009, and was sentenced to a fine of KRW 6 million for a crime of violation of the Road Traffic Act at the Busan District Court on August 11, 2010.

On September 8, 2015, at around 00:15, the Defendant driven a Category C New-low-water car at approximately 50 meters from the area near the Southern-dong gravel market in Busan to the front day of the Nam-dong Southern-dong fishing in Busan, under the influence of alcohol concentration of about 0.191% from around 50 meters.

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. Making a report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor because of the same kind of crime committed;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the reflectivity of the accused, the fact that there is no more criminal record than fines, and the fact that there is no criminal record during the latest three years);

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;