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

On July 12, 2010, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court due to a violation of the Road Traffic Act.

On June 29, 2020, at around 20:00, the Defendant driven a F car in the state of alcohol alcohol level of about 500 meters from the front of the C cafeteria located in Gyeongnam-gun B to the front of the E cafeteria located in the same Gun D, while under the influence of alcohol level of 0.216%.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report, investigation report, and investigation report (in relation to the results of blood collection appraisal) of a host driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentence shall be determined as per the order, taking into consideration all circumstances, including the fact that the sentencing of Article 62(1) of the Criminal Act has high blood alcohol concentration in sentencing, the fact that ten or more years have elapsed since the previous conviction was of the same kind, and the defendant reflects the crime;