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 April 3, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on April 3, 2007, and on January 12, 2015, the same court was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act.

[2] Although Defendant 1 had been punished twice or more due to the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a B rac car under the influence of alcohol concentration of approximately 0.094% from the first wharf to the road front of the same Eup/Myeon in front of the opening of the same Eup/Myeon, from July 8, 2017, as the Jando-Indo-Eup, Jando-do-Eup, Namdo-do-do-Eup, Seoul around July 23:30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking driver, report on the circumstances of a drinking driver, notification of the results of regulating driving of drinking, and inquiry into the results of regulating driving of drinking;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, a copy of an investigation report (Attachment of a summary order), and the application of two copies of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 of the Criminal Act, even though the Defendant had been subject to three times or more due to drinking, repeated driving of drinking without any particular crime.

Considering the potential risk of drinking driving, the defendant should be punished strictly.

However, the suspension of execution shall be imposed only once in consideration of all the factors of sentencing revealed in the trial process of this case, such as the fact that the defendant is against the defendant, the fact that he/she has no record of being punished in excess of the fine for the same kind of crime, and the age, sex, environment, circumstances after the crime, etc.