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 August 24, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court, and on October 26, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving). On February 2, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving) at the same court.

[Criminal facts] On September 30, 2018, the Defendant driven B low alcohol vehicles from the front of the influent restaurant in the name of Kim Jong-dong to the front road of the new Young-gu company, in the state of drunk influence of 0.091% of alcohol during blood transfusion around 00:35.

As a result, the Defendant once again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the confirmation of the previous history), and application of Acts and subordinate statutes of each summary order;

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. 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 reason for sentencing Article 62-2 of the Criminal Act on the part of the Defendant committed a second offense without being aware of the history of punishment three times due to drinking driving.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The degree of alcohol was not severe, but did not reach the actual accident.

In most of the preceding criminal records, most of the previous criminal records have been punished by a fine, and the same criminal records for not more than five years have been punished by one case. There have been no criminal records over the period of suspension of execution, and the fact that there have been family members to support may be considered as favorable circumstances.