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] The defendant was issued a summary order of KRW 5 million on March 17, 200 to a fine of KRW 5 million on the ground of a violation of road traffic law (dacting driving) at the Sungnam branch of Suwon District Court on September 21, 2009 and a fine of KRW 3 million on September 21, 2009 to a violation of road traffic law (dacting driving), respectively.

[2] On January 9, 2016, at around 14:10, the Defendant driven a knive car with the alcohol level of approximately 0.096% in the 4km section from around 159, GS25 convenience stores in Echeon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seoul, to the roads front of the funeral hall in the 8579 Sincheon-si, Seocheon-si, Seocheon-si, the Defendant driven a knive car with the blood alcohol level of about 0.096%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. The circumstantial report of the driver employed at the main place;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 32 and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend shall be determined as ordered by taking into account the following factors: (a) unfavorable circumstances such as drinking and driving without a license that the Defendant had been punished several times; (b) favorable circumstances such as the Defendant’s age, family environment; (c) health status of the Defendant suffering from severe urology; (d) motive, means, and consequence of the commission of the crime; and (e) circumstances of the crime.