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

[criminal power] On July 25, 2008, the Defendant received a summary order of KRW 700,000 from the Chuncheon District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act. On January 20, 2011, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On April 3, 2019, at around 20:11, the Defendant driven a B Trate car in the state of alcohol alcohol concentration of 0.223% from the 1st square in Seogsan-dong, Seogsan-dong, Seogdong, Seogsan-dong, to the roads in front of the same Seogsan-dong, Seogsan-dong, Seogsan-dong.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Responses, such as a list of 112 reported cases;

1. A report on investigation (a statement of a reference C and D business entity);

1. A criminal investigation report (a statement by telephone of a witness E);

1. Investigation report (the distance from the F apartment-Sasan Comprehensive Athletic Zone and required time);

1. Investigation report (to hear statements from the police officer opposite to telephone at the time of the incident);

1. One copy of a report on investigation (in case of prosecution of the police investigation report) and a letter of prosecution;

1. Investigation report (related to the Tramark formula);

1. An investigation report (specific suspect's blood alcohol concentration);

1. A manual for measuring drinking alcohol;

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

1. Report on the circumstantial statement of an employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Blood alcohol appraisal report and response to requests for appraisal;

1. On-site control photographs and related photographs;

1. Previous records before ruling: Application of three copies of criminal records, inquiry reports, and summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) that applies to the relevant criminal facts and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant has already been punished for drinking driving for the reason of sentencing Article 62-2 of the Criminal Act.