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 October 30, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws (drinking driving) at the Changwon District Court's Chang-gu Branch on October 30, 2009. On March 24, 2016, the Defendant was sentenced to a fine of three hundred and fifty thousand won for the same crime in the same court.

[2] Although Defendant 1 had been punished for drinking driving two or more times as above, Defendant 2 driven Dexton car at the 10km section of the month in which it is located in the front of the south-gun in Yong-gun, Nam-gun, Nam-gun, under the influence of alcohol content of around 02:36 on December 2, 2017, while under the influence of alcohol at around 02:16% of alcohol level, Defendant 2 driven Dexton car at the 10km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge) and internal investigation report (with respect to the time when driving is completed);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 was that the Defendant, while having been punished twice due to drinking, once again driven under the influence of alcohol, without having to do so.

Although severe punishment should be taken into account under favorable circumstances, such as the fact that the defendant reflects the fact that the defendant was punished in excess of a fine and that there was no record of punishment, the punishment shall be determined as ordered by taking into account all the factors of sentencing revealed in the process of the trial of this case, such as the age, sex, environment, circumstances of the crime, and circumstances after the crime.