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

On May 11, 2017, the Defendant was sentenced to a fine of three million won for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on May 11, 2017, and was sentenced to a fine of one million won for the same crime at the Suwon District Court on May 17, 2017, and on January 24, 2019, the Defendant was sentenced to a suspended sentence of one year for the same crime at the Seoul Southern Southern District Court on June 1, 2019 and the said judgment became final and conclusive on February 1, 2019.

Criminal facts

On November 22, 2018, the Defendant driven a car with 3 km from the suburban area of Gangnam-gu Seoul to the suburban area of not more than 0.108% of alcohol concentration at around 04:35 minutes to the front of Seocho-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of a host driver (application of the Ba mark);

1. Previous convictions in judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of a suspect's drunk driving), and application of court rulings-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act [the above crime and the violation of the Road Traffic Act, the judgment of which becomes final and conclusive on February 1, 2019];

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act mitigated due to the treatment of concurrent crimes;

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

1. The punishment should be determined by taking into account the favorable circumstances such as the fact that there is no previous conviction other than the previous conviction in the judgment on the reason of sentencing under Article 62-2 of the Probation Criminal Act, and the fact that the defendant repeats drinking within a relatively short period of time, and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act and the crime of this case at the same time, taking into account the degree of sexual alcohol content, the defendant’s age, character and behavior, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc.

(b) for more than one year.