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

[criminal power] On October 2, 2013, the Defendant issued a summary order of KRW 2 million at the Seoul Eastern District Court for a crime of violation of the Road Traffic Act (driving). On February 11, 2016, the Seoul Southern District Court issued a summary order of KRW 2.5 million for the same crime.

【Criminal Facts】

Although the Defendant had been subject to punishment twice or more for a violation of the Road Traffic Act (driving) as above, on December 19, 2019, at around 02:22, the Defendant driven CM5 car while under the influence of alcohol at approximately 0.119% of alcohol concentration in the section of approximately 10 meters in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government B parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant committed the crime of drinking alcohol in this case, even though he had been punished for two times in 2013 and 2016, and the risk of traffic accident is not realized due to the crime of this case, and that the defendant has no criminal record, other than the criminal record of the above drunk driving, etc., the circumstances favorable to the defendant, such as the degree and distance of the drinking alcohol level of this case, the degree and the driving distance of the defendant's age, character and behavior, environment, motive and consequence of the crime, and other various circumstances, which are the conditions for sentencing as shown in the oral argument, shall be determined as the sentence as ordered.