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

【Criminal Records of Crimes】 On May 18, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Western District Court on May 18, 2009, and the Defendant issued a summary order of KRW 5 million for a crime of violating road traffic laws at the Seoul Western District Court on February 14, 2013.

【Criminal facts】 On February 1, 2018, the Defendant driven BM5 car under the influence of alcohol with approximately 0.115% alcohol concentration from the 2km section of approximately 2km from the day front of the Gasan-dong commercial building in Yongsan-gu, U.S. to the front road of the Gasan-dong, U.S.-dong, U.S. 23:5.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business and investigation report;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, and application of three-thirds of summary orders;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had been punished several times for the same kind of crime, in addition, the Defendant committed the instant crime, and the amount of alcohol concentration at the time of blood was 0.115% higher than that of the instant crime.

However, under the favorable circumstances, the defendant's mistake and reflects, the defendant's failure to drive alcohol in the future, and the defendant has no record of being sentenced to a suspended sentence or a heavier punishment, the defendant's age, sex, environment, family relationship, and the motive and distance of drinking driving, etc. are all elements of sentencing shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, and the motive and distance of drinking.