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 June 28, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and on September 27, 2012, the Defendant was sentenced to a suspended sentence of Article 44(1) of the Road Traffic Act for one year by imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul East District Court on September 27, 2012.

[2] On July 30, 2017, the Defendant was under the influence of alcohol content of 0.098% in blood around 07:58 on July 30, 2017, and driven B-A3 car from the section of approximately 2 km from the subway line line located in the Sinnam-si, Sungnam-si to the same crym day to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, and report of the circumstances of driving at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiries about criminal history and application of the Acts and subordinate statutes to report criminal history (report on confirmation of the same type of force);

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the defendant's criminal history of sentencing is up to 13 times, and the defendant has been punished four times due to drinking, driving without a license, etc., and there is a record of being sentenced to a suspended sentence among them, it is inevitable to punish the defendant significantly.

However, the execution of imprisonment is suspended by giving the defendant an opportunity to observe and live in traffic-related laws and regulations, considering the fact that the defendant misleads the defendant and repents, and the degree of alcohol concentration during blood at the time of driving of the instant case. However, in determining the punishment, all the sentencing conditions shown in the arguments of the instant case, such as the front line circumstances and the defendant's age, sex, environment, criminal record, criminal record, circumstances after the crime, etc.