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

On May 1, 2019, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Jeonju District Court's military mountain support.

On July 31, 2019, the Defendant, while under the influence of 0.122% on July 31, 2019, driven the F rocketing car volume from the “C” road located in Gunsan-si B to the roads adjacent to the Ecafeteria located in Gunsan-si D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the regulation of drinking driving, and on-site photographs;

1. Previous convictions indicated in the judgment: Application of the Act and subordinate statutes, such as criminal records, etc., inquiry report (A), investigation report (verification of the same criminal records - attachment of a summary order, a copy of a summary order);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of an accident that causes the driving of a motor vehicle in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of causing a serious damage therefrom, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

Although the defendant had a history of criminal punishment once due to drinking driving, it is highly likely to be criticized in that he/she re-driving in a state of drinking.

However, the execution of the sentence is suspended as ordered within the scope of the punishment period, which is limited to discretionary mitigation, considering the following factors: the defendant reflects the crime, the details and details of the crime, the age of the defendant, family environment, etc.