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

On January 21, 2008, the Defendant received, from the Changwon District Court, a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, a summary order of KRW 700,000 as a fine for the same crime in the same court on August 17, 2009, and a summary order of KRW 3 million as a fine in the same court on May 2, 201.

On October 02, 2015, at around 01:45, the Defendant driven a B-learning car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.134% from the 2km section to the front road of the single oil station located in the same Sinsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on self-driving of a person suspected of violating the Road Traffic Act, reporting on the state of his/her vehicle driving, reporting on the results of the control of drinking driving, and reporting on the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is the reason for sentencing unfavorable to the defendant, in addition to those having the record of being sentenced to a fine for a violation of the Road Traffic Act, such as the crime in the judgment of the court below, despite the fact that the same record of the crime was more than twice, and the fact that the blood alcohol concentration level is high at the time of driving of the instant case, etc.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., are considered in consideration of the fact that the defendant's mistake is divided and reflected, that the defendant has no criminal record of a stay of execution or more.