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

[criminal history] On August 5, 2008, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving). On October 14, 2011, the Defendant received a summary order of KRW 3,00,000 from the Incheon District Court to the same crime.

[2] On December 1, 2017, at around 23:57, the Defendant driven BMW car under the influence of alcohol content of about 0.133% from the 1km section to the road in front of the Park, the Defendant driven BM car from around 81 in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection, inquiry into the results of crackdown on drinking driving, and report on the circumstances of the driver of the drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 11 of the evidence list);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In light of the fact that the defendant's reasons for sentencing under Article 62 (1) of the Act on the Suspension of Execution include the fact that the defendant had the same record on two occasions but has reached a second offense, and that the defendant was locked on the lane, and that the circumstances after the crime are not good after the crime, the defendant's responsibility is not easy.

However, the past records are relatively old, which has been punished by a fine, and there is no criminal history exceeding the fine, and the defendant is currently repenting and making it difficult to maintain his/her own wrong mind, and other punishment as ordered, considering the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the arguments of this case.