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

【Criminal Records of Crimes】 On September 10, 2015, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court and Racing Support, and was sentenced to a suspended sentence of KRW 1 million for the same crime in the same support on October 29, 2015.

【Criminal facts】 On July 13, 2018, the Defendant driven Daba (49CC) under the influence of alcohol content 0.177% from a 1km section from the front of the market in which the Maba-dong Eup was admitted into the Maba-dong, Maba-dong, Maba-dong (49CC) to the front of the 2-gu, Maba-dong, Maba-dong.

As a result, the Defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again in violation of the prohibition on driving under the above influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. On-site photographs;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the same criminal records);

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 crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is a situation unfavorable to the defendant, since the defendant, who had been already punished twice or more due to drinking driving, etc., once again, drives an Ortotobbb, and thus, the nature of the crime is not weak. The amount of alcohol concentration in the blood at the time of detection is highly high by 0.17%, and driving of alcohol is highly dangerous to harm another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake, and the defendant would not drive drinking again after scrapping of the Otoba of this case.

It is hard to say that it is favorable to the defendant.

The above circumstances and conditions are as follows.