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

On December 23, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and around December 10, 2010 to a fine of KRW 2 million from the Seoul East East District Court to a fine of violation of the Road Traffic Act.

피고인은 2013. 8. 18. 00:37경 혈중알코올농도 0.154%의 술에 취한 상태에서 서울 영등포구 당산동 1가 18-2에 있는 ‘훌랄라참숯바베큐치킨’ 음식점 앞 도로에서부터 서울 동작구 본동 258-1 앞 도로에 이르기까지 약 6km 구간에서 B 쏘나타 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of each of the Acts and subordinate statutes stated in the inquiry report and investigation report, including criminal records, etc. and the suspect's past records of drinking driving;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. In light of the fact that the reason for sentencing under Article 62-2(1) of the Criminal Act of the order to attend a lecture has the history of punishing the defendant twice or more for drinking driving, and the current Road Traffic Act stipulates that the defendant shall be punished more strictly in the event that a person who violates the prohibition of drinking driving is driving again more strictly, although the criminal liability of the defendant is not minor, the defendant is not subject to a suspended sentence or heavier punishment, the defendant has no record of being punished more than a suspended sentence, the confession of the crime by the defendant is against the mistake while he/she commits the crime, and the crime does not reach a traffic accident, considering the favorable circumstances favorable to the defendant, the term of the defendant shall be set for six months.