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.

[criminal history] On May 14, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the original Chuncheon District Court's original state branch on November 25, 2016, and was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on November 25, 2016. On April 26, 2017, the Defendant was charged with a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On April 14, 2017, the Defendant, who violated the Road Traffic Act prohibiting the driving of alcohol at least twice in the section of 50 meters prior to the road in front of the original city of 04:22, the Defendant once again driven a Eba vehicle while under the influence of alcohol by 0.120% in the blood alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous conviction: A written reply to inquiry about criminal history, each summary order, and the application of Acts and subordinate statutes in indictment;

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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive of the crime and circumstances after the crime, etc. shall be determined as ordered by the observation of protection and the order of community service, the order of education, and the reason for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: The Defendant issued a summary order twice due to drinking driving (2010 and 2016) and carried out drinking again because he was under investigation on March 2017, even though he was under the control by drinking again, he was under investigation. In light of the criminal act repeated by the Defendant and the attitude of the law and order light, the responsibility for the crime is not weak.

In light of the regulatory background, there are few risks caused by drinking driving.

The favorable circumstances: the fine exceeds the fine.