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] On November 24, 2010, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) and a summary order of KRW 2,00,000 as a fine in the same court on December 27, 2012, respectively.

[2] On August 12, 2018, the Defendant, while under the influence of alcohol level of 0.089% during blood transfusion around 05:10 on August 12, 2018, driven a BM5 vehicle at approximately 2 km from the roads near the Yangsung school located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, to the high speed entrance intersection at around 191, the same line.

As a result, the Defendant, while under the influence of alcohol more than twice, driven a motor vehicle again under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of suspect's records of driving alcohol), and summary order;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the following circumstances and alcohol level, driving distance, age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined in full view of the following conditions of sentencing:

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant, as stated in its reasoning, has been punished by a fine on several occasions due to drinking, but has been making a drinking again without being aware of it.

- However, the defendant has committed a misunderstandings and has not committed a second offense.

- In excess of the fine prior to the instant case.