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

[criminal history] On May 10, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the Daejeon District Court, and on June 19, 2014, a fine of KRW 5 million was issued by the same court as the same crime.

[2] On May 26, 2018, the Defendant driven the C Poter Cargo in about 50 meters while under the influence of alcohol leveling 0.175% in blood on the roadside, such as the oil, etc. located on the 102-dong-dong-dong-ro, Geumsan-gun, Geumnam-gun, Geumsan-gun on May 26, 2018.

As a result, the defendant had been punished not less than twice due to drinking driving, but once again driven by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report, an investigation report on the results of crackdown on drinking driving, and a statement of the situation of the driver placed at driving;

1. Previous convictions: Application of the results of inquiry and investigation reports (report on the results of confirmation of the previous convictions of the disposition);

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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions that are favorable to the fact that there has been three times of punishment due to drinking driving even before: The fact that there is reflectivity, human life damage, the driving distance is short, and other circumstances shown in the arguments and records, such as the defendant's age, sex, criminal conduct, environment, motive and background of the crime, and circumstances after the crime, etc., shall be determined as per the disposition;