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.

The Defendant driving a motor vehicle under the influence of alcohol on March 15, 2012 (the issuance of a summary order of KRW 5 million at the Suwon Friwon on May 30, 2012), driving a motor vehicle under the influence of alcohol on September 24, 2012 (the suspension of execution of two years from January 24, 2013) and violating Article 44(1) of the Road Traffic Act on two or more occasions.

On September 23, 2018, the Defendant was punished twice or more due to drinking alcohol driving at around 22:28, but the Defendant was under the influence of alcohol with approximately 200 meters alcohol concentration of at least 0.225% from the day before the restaurant in which it is impossible to know the trade name in the Songsan-ri, a mountain village, at the time of ignified, to the front day of the restaurant in which it is impossible to find out the trade name in the middle of the mountain, in the middle of the restaurant in which it is impossible to view the chemical name in the middle of the mountain.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Records of judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to be a second alcohol driving by the Defendant, who has been under the influence of drinking not less than twice, and the nature of the crime is not less than that of the crime, and the amount of alcohol concentration due to the drinking of this case is very high. The Defendant, on September 2012, had a history of punishment for suspension of the execution of imprisonment due to a traffic accident caused by pedestrians while driving without a license or a driving under the influence of drinking of this case, even though he had a history of punishment for suspension of the execution of imprisonment, there is a lot of possibility of criticism.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant was punished for the suspended sentence of imprisonment as above.