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

[criminal history] The Defendant is a person who has been sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on February 13, 2014, and a fine of three million won for the same crime at the same court on January 31, 2017 and has been sentenced to a fine of three million won or more for the same crime.

[2] On October 8, 2017, around 22:20, the Defendant driven B B bentts car with approximately 1km alcohol content 0.096% while under the influence of alcohol on the front road of the king-dong, Seo-gu, Incheon, Seo-gu, Incheon, and the front road of the Gu-dong complete elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of drinking driving and inquiring about the results of regulating drinking driving;

1. A report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant had been subject to two times of punishment for the same crime; (b) the appearance of the defendant appears to be contradictory; (c) the volume of drinking water does not exceed 0.1% at the time of the previous drinking; (d) the fact that there was no record of criminal punishment other than the above drinking water; and (e) the fact that there was no record of criminal punishment other than the above drinking water, etc. shall be considered favorable circumstances; and (e) the punishment shall be determined as ordered in consideration of all the sentencing conditions, including the defendant’s age, sex, environment, motive and circumstance