However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

[criminal history] On June 18, 2007, the Defendant was sentenced to a summary order of 2.5 million won for a violation of road traffic law (drinking driving) in the Hongsung Branch of the Daejeon District Court. On December 16, 2010, the Defendant was sentenced to a suspended sentence of 2 years for eight months for a violation of road traffic law (drinking driving) in the same court.

[Criminal facts] On August 3, 2018, the Defendant driven B K5 cars under the influence of alcohol content of approximately 0.245% in the section of approximately 15km from the front of the Southern apartment located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-si, the Dokdong apartment located in the same military budget-Eup to the front road of about 105§¯.

Ultimately, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol in violation of the said provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. In full view of the following circumstances under the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the crime, etc., the sentence as ordered shall be determined.

The favorable circumstances: The defendant's wrong and reflects his/her mistake, and the unfavorable circumstances that do not cause any damage to others such as traffic accidents due to a simple drinking driving: The fact that there are two times the past records of punishment for the same crime, but there is a high possibility of criticism for recidivism and high risk of recidivism, and that the alcohol concentration in the blood is very high.