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

On July 20, 2007, the Defendant issued a summary order of a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Changwon District Court on July 20, 2007, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act at the Changwon District Court on June 7, 201, and on May 24, 201, the Defendant was sentenced to a fine of KRW 5 million as a crime of violation of the Road Traffic Act at the Changwon District Court on May 24, 201.

On September 8, 2016, at around 23:35, the Defendant driven a car with a volume of approximately 50 meters up to the intersection of approximately 50 meters in front of the Gyeongnam-si, Kimhae-si, in the state of alcohol of 0.097% of blood alcohol content.

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. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though not only had the record of being sentenced to a fine on one occasion due to the violation of the Road Traffic Act, as stated in the facts constituting the crime in the judgment of the court below, but also had the record of being punished for the same kind of crime. The blood alcohol concentration level at the time of driving under the instant case is relatively high, and the occurrence of traffic accident while driving under the influence of alcohol level

However, the defendant does not repeat the same crime again.