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 September 11, 2008, the Defendant received a summary order of KRW 5 million for a crime of violating road traffic laws (drinking) from the Cheongju District Court on September 11, 2008, and a summary order of KRW 5 million for a crime of violating road traffic laws (drinking) in the same court on February 25, 2015, respectively.

[2] The Defendant 1 driven a CMW 320d car under the influence of alcohol leveling 0.093% from the front parking lot of 101 to the front road of 252 km in the same city, in a 3km section from May 20, 2017, with the history of being punished as a crime of violating the Road Traffic Act (driving) more than twice. However, the Defendant 1 driven a car with approximately 0.093% alcohol leveling from the upper parking lot of 101 to the front road of the 252 mnife in the same city.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as stated in the judgment];

1. Written inquiry about criminal history, etc. (A);

1. Application of a copy of the summary order under 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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there has been two times of punishment due to the violation of the Road Traffic Act (drinking driving), confessions and reflects that there has been a record of punishment.