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

The Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspended execution in Daejeon District Court on March 29, 2013, for a crime of violating the Road Traffic Act (driving), with prison labor for a fine of 1.5 million won, and for a crime of violating the Road Traffic Act on August 29, 2014.

On February 20, 2018, at around 00:57, the Defendant driven C rocketing Habrid car under the influence of alcohol leveling 0.059% from the blood alcohol level 0.059% at the front of the restaurant, up to the day before the restaurant in front of the restaurant. < Amended by Presidential Decree No. 20348, Feb. 20, 2018; Presidential Decree No. 20350, Feb. 201>

Accordingly, even though the Defendant violated the prohibition on drinking, he again driven a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous convictions in judgment: A reply to inquiry, summary order, and application of each statute of the judgment, such as criminal history;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Determination of imprisonment with prison labor by taking into account the previous convictions of the same kind in the sentencing of Article 62-2(1) of the Criminal Act, and considering the fact that the blood alcohol concentration exceeds a few standard values, the fact that the error is against the law, family relations, etc.