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

On April 17, 2014, the Defendant was sentenced to a suspended sentence of two years in August, 201 to imprisonment with labor for a violation of the Road Traffic Act, etc. in the Suwon District Court's Ansan Branch.

On August 22, 2019, the Defendant driven an E rocketing car at approximately 500 meters in a section of approximately 0.140% of blood alcohol concentration from the unit B department store around Ansan-si to the roads before the D store located in the same Gu C, Ansan-si. < Amended by Presidential Decree No. 23514, Aug. 22, 2019>

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of identical criminal records, etc.)-related statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In addition, considering all factors of sentencing indicated in the arguments of this case, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the period of time between the same military force and the case; (b) the blood alcohol concentration in this case; and (c) the degree of punishment for recidivism of drunk driving by amending the Act; and (d) there are family members to support.