However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

[criminal history] On November 24, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a crime of violating road traffic laws at the Changwon District Court on November 24, 2008. On August 12, 2013, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for the same crime.

[ 범죄사실] 피고인은 2017. 8. 25. 23:10 경 혈 중 알코올 농도 0.103% 의 술에 취한 상태로, 통영시 광도면 죽림 2로 75에 있는 ‘ 까투리 푸르지 오점’ 앞 도로에서부터 같은 면 죽림 2로 59에 있는 ‘ 짬뽕 상회’ 앞 도로까지 C 아반 떼 승용차를 약 100m 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 defendant for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures has a record of three times criminal punishment for traffic crimes, such as drinking, driving, etc., but also, he/she has committed an automobile driving in a state

However, there is no record of criminal punishment exceeding a fine, against the defendant's recognition of his/her crime, and there is no record of criminal punishment.

The punishment shall be determined as ordered by taking into consideration the following factors: alcohol density, driving distance, and the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of the defendant, and all the sentencing conditions shown in the previous theory, such as the records of this case and the changes.