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 history] On December 10, 2007, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (driving) at the Busan District Court, and a fine of two million won for the same crime at the same court on August 24, 2009.

[2] Although Defendant 1 had been punished twice or more due to a violation of the Road Traffic Act (driving of Drinking), Defendant 2 driven Bho-do car under the influence of alcohol concentration of about 0.175% in the 7km section from January 15, 2018 to the front of 113 Dong-dong, Busan High-dong, Busan High-dong, Gho-dong, Gho-dong, Busan High-dong, Gho-dong, Do-dong, Busan High-dong, Do-dong, at around 05:16.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home, the statement on the circumstances of the driver at home, and each investigation report;

1. Inquiries about the results of crackdown on drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 reason for sentencing under Article 62-2(1) of the Criminal Act is that the defendant had been sentenced two times due to drinking driving and two times due to driving without a license, and that the defendant had been sentenced two times due to driving without a license is disadvantageous to the defendant.

However, the sentence like the order shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects the fact that the defendant does not drive drinking again, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after the crime.

It is so decided as per Disposition for the above reasons.