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

On March 20, 2015, the Defendant was issued a summary order of KRW 1,50,000 by the Changwon District Court as a crime of violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving as above, at around 01:00 on June 26, 2019, the Defendant driven an EM3 car in the state of alcohol with approximately 200 meters alcohol concentration of 0.246% from the road located in the Busan East-gu, Busan to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Report prior to judgment: Application of criminal history records, inquiry reports, and summary order statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do1148, Apr. 1, 201; Decision 201Do1148, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;