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 30, 2010, the Defendant was issued a summary order of KRW 7 million for a crime of violating road traffic law (drinking) at the Gunsan Branch of the Jeonju District Court on August 30, 2010, and on April 7, 2017, the Defendant was issued a summary order of KRW 3 million for a person driving under influence of alcohol at the same court on February 26, 2017.

On March 4, 2017, the Defendant driven CTco-car under the influence of alcohol 0.146% from a 1km section from the front of the Defendant’s residence in Yasan-si B to the Yasan-si road in the same yellow dust junife in the same city.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous conviction: Application of Acts and subordinate statutes, such as a written inquiry about the results of crackdown on driving alcohol, a written inquiry about criminal history, etc., a criminal investigation report (former and summary order, and a report accompanied by a copy of indictment), a copy of a written indictment, and a copy of a summary order;

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 suspended execution;

1. The defendant, who has been punished twice due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, has repeated driving of drinking, and the nature of the crime is not weak. In particular, driving of drinking is caused by a large accident by driving under the condition that the ability to exercise caution and physical exercise has been significantly deteriorated, and thus, is highly dangerous. However, although there are circumstances unfavorable to the defendant, such as the fact that the defendant is recognized of his mistake and reflects the fact that the defendant is driving, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., the punishment shall be determined as per the order.