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

On April 21, 2010, the Defendant issued a summary order of a fine of three million won at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act (driving) and a summary order of a fine of three million won at the same court on September 9, 201.

On July 10, 2016, around 08:10 on July 10, 2016, the Defendant driven a B-Ad motor vehicle under the influence of alcohol with approximately 0.175% of alcohol concentration at a section of about 300 meters from the front day of the Handong Hospital in Dobong-gu Seoul Metropolitan Government to the front day of the Kook Apartment apartment located in the same 367-ro 300-ro.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. References to criminal records and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons of sentencing under Article 62 (1) of the Criminal Act: The fact that there exists a history of being punished three times due to drunk driving, the circumstances favorable to the fact that blood alcohol concentration is high: The fact that there is no criminal record exceeding the fine, and that there is no criminal record exceeding the fine; and