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 November 13, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seo-gu District Court Branch Branch of the Daegu District Court, and on September 30, 2010, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking). On March 4, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking). On March 4, 2014, the Defendant driven under drinking more than twice by receiving a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking).

[2] On August 10, 2017, the Defendant driven a DNA cargo vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of 0.138% from the 50-meter section to the front road of the same Maddong-gu, Daegu-gu, Daegu-gu. to the day of the same Maddong-gu.

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. 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, and application of Acts and subordinate statutes on investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

Unfavorable circumstances: The defendant has been sentenced to a fine on five occasions due to drinking driving, etc. and a punishment for suspension of the execution of imprisonment, but he/she is also under drinking.