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

On February 2, 2009, the Defendant was sentenced to a fine of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 4 million by the same court on November 15, 2016, respectively.

On July 19, 2019, the Defendant: (a) around 02:20 on July 19, 2019, at around 50 meters from the front of the window B apartment C D, Changwon-si, Kim Chang-si to the front of D, the Defendant violated the provision on the prohibition of drinking driving by driving the E-cargo under the influence of alcohol concentration of 0.134% at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Criminal records, repeated statements, and application of each summary order statutes;

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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, a sentence as ordered shall be determined by fully taking into account the following circumstances: (a) the age, character and conduct, environment, motive, means and consequence of the crime; and (b) the conditions of sentencing specified in the instant case, such as the circumstances after the crime was committed.

Unfavorable circumstances: The harm of drinking driving, the degree of significant blood alcohol concentration, the record of punishing traffic-related crimes (in addition to two times of drinking driving, not only twice) and other favorable circumstances: The defendant repents and reflects the mistake, the fact that there is no record of punishment exceeding the fine, the family members, etc.