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

[criminal power] On March 17, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 12, 2016 and a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the same court.

【Criminal Facts】

On October 17, 2018, at around 19:50, the Defendant driven a motor vehicle Efladon with an Efladon while under the influence of alcohol concentration of about 0.092% in approximately five kilometers from the front of the window B of Changwon-si, the window B to the front of the D Elementary School located in the same Gu C.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (former records and investigation reports);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

The intention of drinking driving is serious as it is to purchase so-called so-called a so-called driving after drinking at the vehicle.

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

The influence of alcohol did not lead to an actual accident even though the level of alcohol was not severe.

The previous department was fully punished by a fine, and among which, within the last five years, it was only one case.

Until now, the fact that there have been no criminal records of probation can be considered as favorable circumstances.

In addition, the sentencing conditions such as the age, character and conduct, environment, circumstances, and circumstances after the crime are considered.