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

On September 4, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Daegu District Court, and a summary order of KRW 3 million as a fine in the same court on November 24, 2017, respectively.

Nevertheless, at around 23:00 on July 14, 2019, the Defendant driven a C-A-burged car in the state of alcohol alcohol concentration of about 9km from around the front of the Defendant’s house located in Daegu Northern-gu B to the Seogu Gyeong-gu 79-7, Seogu, Seogu, Seo-gu, Seo-gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a case of violation of the Road Traffic Act, inquiry into the results of the control of drinking and driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to 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. 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, despite the fact that the defendant was punished twice by a fine due to drunk driving, is disadvantageous to him/her.

However, the punishment as ordered shall be determined by taking into consideration the following factors: the Defendant’s confession of the crime of this case and his mistake is divided; the Defendant’s age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.