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

On January 13, 2014, the Defendant is a person who received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, and on December 22, 2010, the same court received a summary order of KRW 4 million for the same crime.

On May 21, 2016, at around 21:20, the Defendant driven a B Poter Ⅱ while under the influence of alcohol with approximately KRW 3 km from the front of the SK station located in the Gero-Seoul Metropolitan City, Gwangju to the difficulty of the construction site located in the same Eup. The Defendant driven a B Poter Ⅱ in the influence of alcohol content 0.096%.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order, and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service, etc. in order for a defendant to return to a sound member of society in view of the records,