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

On December 11, 2009, the Defendant was sentenced to imprisonment for five months with prison labor for a violation of the Road Traffic Act at the Seoul Northern District Court, and six months from May 31, 201 at the Jung-gu District Court to imprisonment with prison labor for a violation of the Road Traffic Act.

On April 3, 2019, at around 15:45, the Defendant driven approximately three meters of the Grandroth car while under the influence of alcohol concentration of 0.194% from the Seoul direction of the Seoul Yangyang Highway, which is located in the west-gun of Gyeonggi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. The circumstantial statement of the employee;

1. An inquiry report, such as a criminal history;

1. Application of the Act and subordinate statutes to review whether the case constitutes a three-year drinking relationship;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

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

1. The frequency and degree of punishment for the crime of the same kind of punishment for sentencing under Article 62-2 of the Criminal Act, and the frequency and location of drinking water and the location of detection of the instant case shall be considered disadvantageous circumstances.

However, it shall be considered in favor of the favorable circumstances, such as the fact that the driver is dead and reflect, the driving distance, and the fact that the driver does not drive under the influence of alcohol again, and the fact that it seems that the driver does not drive under the influence of alcohol after around 2011, etc.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.