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

On September 29, 2010, the Defendant was sentenced to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on September 29, 2010, and a fine of KRW 2,50,000 for the same crime in the same court on April 3, 2014.

On December 3, 2014, the Defendant, while under the influence of alcohol at 0.068% of blood alcohol level, driven a DNA car from around 300 meters to the front of the restaurant “sea in the same Dong” located in the Goyang-dong Port-dong, Goyang-si.

Accordingly, even though the Defendant violated the prohibition of drunk driving more than twice, the Defendant was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the drinking driver and the blood alcohol appraisal report;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code, even though the defendant had already been punished twice due to drinking driving, and again, he/she is required to make a strict punishment.

However, in consideration of the fact that the defendant's mistake recognized and divided, there is no other punishment except the above drinking driving power, there is a family member to support, and the drinking water of this case is relatively high, the punishment shall be determined to suspend the execution of imprisonment as above.