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.

On August 28, 2007, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act at the Busan District Court, and on May 11, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court.

On April 16, 2017, at around 18:24, the Defendant driven B rocketing car with approximately 0.205% alcohol concentration in blood at the section of about 20km, from the road front of the construction site of the Switzerland Capital Co., Ltd. located in the Seocheon-gu, Sincheon-gun, Sincheon-do to the front of the road in the same west-gu, Sincheon-gu, Sincheon-do.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the summary order of the same kind of power);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., of Social Service Order and Order to Attend a lecture, even though the Defendant had been subject to criminal punishment twice due to drinking prior to the instant crime, he/she committed the crime of driving a motor vehicle again.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is considerably high.

However, it appears that the defendant shows a reflective figure while making a late and misleading mistake, and there is an interval between about seven years between the previous crime of drinking and the instant crime, taking into account the circumstances favorable to the defendant that it is difficult to see that the defendant habitually drives drinking, as there is a interval between about seven years.