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

On October 13, 2011, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violating the Road Traffic Act at the Jung-gu District Court on October 26, 201, and a fine of KRW 1.5 million with a penalty of violating the Road Traffic Act at the Jung-gu District Court on October 26, 2015.

On September 14, 2018, the Defendant driven a Bran-do car with approximately 50m alcohol concentration of about 0.074% in alcohol while under the influence of alcohol in the blood, from the vicinity of Pyeongtaek-gu Dongwon 619 to the 145m of the same Eup to the Gain of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. A report on investigation;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Act is that the Defendant was punished twice by a fine due to drinking driving as stated in the facts constituting a crime in the judgment of the court, and the Defendant was also punished by a fine once in 2011 due to a refusal of drinking alcohol measurement.

Nevertheless, since drinking driving has been repeated and the traffic accident was caused by this drinking driving, there is a high possibility of criticism, high risk of danger, and high risk of recidivism.

Therefore, the defendant has to be punished strictly.

However, there is no criminal conviction or more than a suspended sentence for the same crime against the defendant.

In addition, the sentence as ordered shall be determined by comprehensively taking into account the alcohol content at the time of blood alcohol concentration, age, sex, environment, motive and background leading to the instant crime, means and consequence, circumstances before and after the instant crime, and other factors of sentencing as shown in the argument in the instant case.