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.

On August 10, 2016, the Defendant was sentenced to a suspended sentence of two years for a year by obstructing the performance of official duties at the Cheongju District Court, and the said judgment became final and conclusive on February 25, 2017.

On January 9, 2016, at around 00:45, the Defendant driven a car under the influence of alcohol level of 0.127% in the 10-meter section of the front road of Songpa-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. An explanatory note;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the confirmation of a case during the continuance of judgment), and application of a copy of judgment statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In light of the reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, the driving of the instant drinking is highly likely to be subject to criticism and the fact that the drinking is highly likely to be subject to high level of alcohol consumption in the fourth month prior to the instant case.

However, the judgment becomes final and conclusive as stated in the first head of the judgment, including two-time crimes of refusing to measure alcohol, and this case needs to be considered at the same time in relation to concurrent crimes, taking into account the defendant's age, sex, environment, motive for crimes, circumstances after crimes, etc.

It is so decided as per Disposition for the above reasons.