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

On November 29, 2006, the Defendant was issued a summary order of a fine of four million won for a violation of the Road Traffic Act (drinking driving) by the Seoul Northern District Court, on May 29, 2012, and was issued a summary order of a fine of three million won for the same crime at the Jung-gu District Court on May 29, 2012, and on July 19, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime at the same court on July 19, 2013 and violated Article 44(1) of the Road Traffic Act on at least two occasions.

On March 7, 2018, the Defendant, after starting from the parking lot, operated a passenger car with approximately 250m alcohol content of about 0.219% under the influence of alcohol content in the blood while under the influence of alcohol content 0.219% in front of the street in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Responses to requests for appraisal, investigation report (record review report and report);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed several times before and after drinking alcohol, and repeated driving of the instant drinking even though he had been convicted of suspended sentence.

However, considering the defendant's final drinking time, the possibility that the alcohol concentration in blood at the time of actual drinking driving is less than 0.219% cannot be ruled out (Provided, That it is recognized that the blood content is more than 0.05% in blood) and the punishment shall be determined by comprehensively taking into account the violation of the crime of this case, considering the fact that the blood content at the time of actual drinking driving and collecting blood is less than 0.219%.