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

[criminal power] On September 2, 2014, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Jeonju District Court on September 2, 201, and a fine of one million won for a violation of the Road Traffic Act at the Jeonju District Court on January 16, 2014.

【Criminal Facts】

On September 9, 2015, around 04:40 on September 9, 2015, the Defendant driven BhoxG car in the state of alcohol with the blood alcohol concentration of at least 0.155% without a vehicle driver’s license at the three-meter section of the road in front of the drinking road located at the Hongsan-gu, Hongsan-gu, Seoul Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, appearance, uniforms, language, attitude, and the ledger of usage of a drinking measuring instrument;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crime);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Apr. 1, 201

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;