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

On February 3, 2014, the Defendant was sentenced to a fine of KRW 7 million by the Daejeon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act (driving), and a fine of KRW 1.5 million by the same court on July 29, 2009.

On May 15, 2016, the Defendant: (a) driven a motor vehicle under the influence of alcohol content of 0.141% in blood, with approximately 50 meters from the front of the restaurant, which is not possible to know about the legal revolutions of Daejeon Daejeon-gu, Daejeon-ro 30, 608-ro 30, 500, 000-ro, from the front of the restaurant, and from the front of the Jin General Food, to the front of the road.

Accordingly, although the defendant had a record of driving a drinking vehicle more than twice, he again driven the car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notice of the result of crackdown on driving drinking;

1. Statement of the circumstances of the driver involved in driving;

1. A written inquiry about the result of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act (in order to prevent recidivism) include: (a) the time when and reflects the instant crime; (b) the fact that the Defendant has no criminal record exceeding the fine is favorable to the Defendant; (c) the fact that the Defendant was punished for the same kind of crime was committed twice; (d) the actual traffic accident occurred due to the Defendant’s driving of drinking; and (e) the fact that the Defendant’s blood alcohol concentration at the time of the instant crime was high, etc. are disadvantageous to the Defendant, such as the Defendant’s age, sexual behavior, environment, motive, means, and consequence; and (e)