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] The Defendant was issued a summary order of KRW 5 million with a fine of KRW 2 million on August 12, 2013 at the Seoul Western District Court as a crime of violating the Road Traffic Act (drinking driving), and on May 4, 2018 (the date of committing the crime was November 29, 2017) (the date of committing the crime was November 201).

[2] The Defendant, as seen above, driven a B-hand car with a alcohol level of about 2 km from the 2km to the front of the apartment complex of about 0.094% under the influence of alcohol level of about 0.094% from the 2km to the front road of the 368 T-Sin-si Gyeong-si, Man-si, Pri-si, 368 on January 16, 2018, even though the Defendant had a alcohol level of drinking twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (the previous and confirmation), two copies of the judgment, previous convictions and results of confirmation;

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 is that the defendant has already been punished by a fine due to three times or drinking driving.

In particular, in 2013 and 2017, while driving a drinking alcohol and causing a traffic accident, the victims were injured by the traffic accident.

Although the Defendant was found to have been aware of a traffic accident on November 29, 2017 due to drinking driving, the Defendant did not know himself without being aware of it and again committed the instant drinking driving since two months have passed from the date of detection.

It is necessary to punish defendants who repeat the same mistake more strictly.

However, the Defendant recognized the instant crime and reflected his mistake.

In addition, the degree of alcohol concentration among the blood of this case, the distance of drinking driving, the age, sex, living environment of the defendant.