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.

On October 2, 2015, the Defendant driven a Bbeer or a car at a section of about 300 meters from the street in front of the city located in the Dong-gu Dong-dong Eup in Gyeonggi-gu to the street located in the same Eup/Myeon, while under the influence of alcohol content of 0.091% among blood transfusions on October 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable condition for sentencing under Article 62-2 of the Criminal Act: A person again commits the instant crime even though he/she could have had the record of the same kind of crime (in particular, in 2009, he/she committed the same kind of crime even though he/she was sentenced to a two-year suspended sentence for six months due to the violation of the Road Traffic Act due to driving of alcohol and driving without obtaining a license for the same content as the instant case). A favorable normal condition: (a) the degree of alcohol concentration in blood is not so high; (b) recognition of his/her mistake and reflectness; (c) the Defendant’s age, sex behavior, intelligence and environment; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime; and (e) other factors of sentencing provided for in each subparagraph of Article 51 of the Criminal Act, such as sentencing factors