However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

[criminal power] The Defendant was issued a summary order of a fine of seven million won in the Gunsan Branch of the Jeonju District Court on October 29, 201, a fine of two million won in the Red Branch of the Daejeon District Court on December 9, 201, a fine of one million won in the Jeonju District Court on December 17, 2008, and a fine of one million won in the Gunsan Branch of the Jeonju District Court on August 5, 2003.

【Criminal Facts】

On February 13, 2019, around 22:53, the Defendant driven a D Eccoo motor vehicle under the influence of alcohol content of 0.089% at the 1km section from the front of the Jeju store located in the next city B to the same city, and from approximately 289 to the front of the National Health Insurance Corporation, the Defendant driven the D Ecoo motor vehicle under the influence of alcohol content of 0.089%.

Therefore, even though the Defendant was punished twice or more due to drinking driving, the Defendant was under the influence of re-driving the vehicle as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Even though the defendant had been punished once due to drinking alcohol, drinking and unlicensed driving even before the sentencing of Article 62-2 of the Criminal Act, the defendant cannot choose imprisonment with prison labor considering that he/she had been punished three times due to drinking alcohol, and that he/she did not have the blood alcohol concentration.

However, where the defendant is sentenced to imprisonment with prison labor or more, the registration of a certified tax accountant becomes revoked for a certain period of time to lead an economic life, has not been punished heavier than a fine, and the surrounding persons appeal the defendant's preference, and the defendant's age, character and conduct, family relationship, etc. shall be determined as the same as the disposition.