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

[criminal history] On March 26, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and on September 18, 2009, issued a summary order of KRW 3 million for the same crime, etc. on September 18, 2009. On October 4, 2013, the Defendant was issued a summary order of KRW 6 million for the same crime in the Gunsan Branch of the Jeonju District Court.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven Bho-man car under the influence of alcohol level of about 0.139% in the 1km section from September 6, 2018 to the two main industry safety front road in the Sinsan-si, Sinsan-si, Sinsan-si, which was located in the same Dong from September 22:30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in driving, investigation report, inquiry into the results of crackdown on the driving of drinking, notification of the results of crackdown on the driving of drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 fact that the Defendant again committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture had three times or more past records of the punishment of the fine due to driving under drinking, is disadvantageous circumstances, but it is more favorable that the Defendant repents his mistake and reflects his mistake.

Considering such circumstances and alcohol concentration at the time of the instant crime, the sentence shall be determined as ordered in consideration of the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime were committed.