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

3.

[criminal power] On November 22, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a fine of KRW 1.5 million for a violation of the Road Traffic Act and KRW 5 million by the same court on April 28, 2014 for a violation of the Road Traffic Act.

【Criminal Facts】

On September 11, 2016, at around 07:00, the Defendant driven a two-use apartment road in the Seo-gu Special Metropolitan City, Seo-gu, Gwangju, to the front road of the “E” located in Gwangju Dong-gu, the Defendant driven a fluent car under the influence of alcohol with approximately 10km alcohol concentration of about 0.067% from the 10km section to the road of “E” located in Gwangju Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. There is a record of punishment of fines twice due to drinking driving, as stated in the reasoning of sentencing Article 62-2 of the Criminal Act, for orders to provide community service and attend lectures.

Due to the drinking driving of the instant case, the occurrence of a traffic accident in which Defendant vehicles take roadside trees and take up.

The sentence of imprisonment is inevitable in light of such unfavorable circumstances.

However, it shall be considered in favor of the fact that the blood alcohol concentration is against the other, and the blood alcohol concentration is not high.

In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).