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

1. On April 24, 2019, the Defendant driven a F Poter Cargo under the influence of alcohol concentration of about 0.140% from a section of about 500 meters from the road front of the C Poter located in Incheon Reinforcement Group B to the E-Road located in the same Gun, around April 24, 2019. < Amended by Act No. 15068, Apr. 24, 2019>

2. On April 27, 2019, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on October 9, 2008. On April 24, 2019, the Defendant controlled the violation of the Road Traffic Act (driving) as provided in paragraph (1).

On April 27, 2019, at around 19:50, the Defendant driven a F Poter under the influence of alcohol level of about 0.142% from the two kilometers from the front of the H restaurant located in G in Incheon, Incheon, to the front of the J High School located in G in the same Gun I.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of each drinking driver, and notification of the results of crackdown on drinking drivers;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2, 44(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply), Articles 148-2(1)1 and 44(1) of the same Act (the point of driving under the influence of alcohol as of April 24, 2019); the choice of each sentence of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times for drunk driving, and the defendant has a record of being punished on April 201.