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

On December 9, 2009, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Jeju District Court on December 9, 2009, and on May 25, 2011, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime in the same court.

On July 24, 2016, the Defendant was under the influence of alcohol of 0.085% with blood alcohol concentration around 09:08 on July 24, 2016, and the Defendant driven B K5 cars at the 2km section around the road near the entrance of the relevant library located in the same city, from the 3rd-dong in Jeju City to the 2km section around the road near the entrance of the relevant library located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the results of the crackdown on drinking driving, and inquiry into the results of the crackdown on drinking driving;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (attached reports, such as judgments on criminal acts of the same kind as a suspect), and statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the fact that the Defendant committed the instant crime even though he/she was sentenced to a fine on three occasions due to the crime of drinking run and was sentenced to a suspended sentence of imprisonment on one occasion due to the crime of drinking run, it is necessary to strictly punish the Defendant.

However, the fact that the defendant is making a confession of the crime of this case, the defendant was not driving immediately after drinking, but driving under the condition of less drinking at the preceding night, and the fact that the blood alcohol concentration of the defendant at the time of the crime of this case is very high at the time of the crime of this case, the sentencing precedent in similar cases, the defendant's age, character and behavior, environment, circumstances after the crime, and other records and arguments of this case.