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

[criminal power] The Defendant was issued a summary order of KRW 3.5 million by the same court on October 11, 2007, for the same offense as a violation of the Road Traffic Act (driving) in the Jung-gu District Court Goyang Branch on November 11, 2007, and a fine of KRW 3.5 million by the same court on November 8, 2007, and a fine of KRW 3.5 million by the same offense in the same court on May 19, 2008.

【Criminal Facts】

On July 27, 2016, the Defendant, while under the influence of alcohol of 0.064% of blood alcohol level around 15:40 on July 27, 2016, driven an E-Mixed fish code car from approximately 300 meters from the front of the Gyeonggi-gu Gyeonggi-gu B to the front road located in the same Gu C.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles 148 (1), 14, and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The records of the defendant's drinking, drinking volume, and other factors of his/her age, character, conduct, environment, etc. for the reason of sentencing under Article 62-2 of the Criminal Act;