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

On September 21, 2015, the defendant received a fine of KRW 3 million from the General Military Court of the Army of the 17th Army on September 21, 2015 for the violation of the Road Traffic Act.

On June 29, 2019, at around 05:20, the Defendant driven a motor vehicle with a DNA window with a level of 0.108% alcohol concentration at approximately five meters in front of the C cafeteria located in Seocheon-si B.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' standing statement, and report on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order issued by a military court), and application of summary order statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In view of the fact that the Defendant committed the instant crime under the circumstance that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act had a record of being sentenced to a fine once for the same crime, and that the blood alcohol concentration of the instant case reaches 0.108%, the Defendant’s liability for the crime is not minor.

However, in comprehensive consideration of the following factors: the defendant's motive and circumstance of the crime in this case; the contents of the same criminal records; the time and frequency of the crime; the distance of operation; the circumstances after the crime; the defendant's age, character, conduct, family relationship, economic circumstances, etc., the punishment shall be determined as ordered in the same manner.