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 22, 2006, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (driving alcohol) at the Daegu District Court, and on October 6, 2009, issued a summary order of 2.5 million won for the same crime by the same court. On December 14, 2011, the Defendant was sentenced to a suspended sentence of 4 months for the same crime.

[2] In addition, Defendant 1 driven a b1 ton cargo vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.154% at the section of 200 meters from the front of the ASEAN Hospital located in the Seo-gu, Daegu-si, Daegu-si to the front of the relevant Daegu hotel located in the same Dong from March 22, 2017, despite the fact that the above provision on the prohibition of drinking driving had been violated twice or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant 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. 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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has a record of having been punished several times due to drinking driving, and in particular, despite the fact that the defendant has been sentenced to a suspended sentence of imprisonment with prison labor, he/she is driving at the same time, and the fact that drinking is not low is disadvantageous to the defendant.

Defendant is able not to drive drinking again with his depth; and he is able to do so.

It is favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.