However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

[criminal power] On March 17, 2015, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in Daegu District Court racing support, and on December 26, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime.

【Criminal Facts】

At around 02:20 on March 19, 2019, the Defendant driven a DNA low-income vehicle under the influence of alcohol with approximately 800 meters alcohol concentration of 0.085% from the 800m section around the port bus terminal located in Nam-gu, Chungcheongnam-gu, Seoul, to the Criju road located in the same Gu B.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that selects the punishment for a crime [the selection of imprisonment and the blood alcohol concentration level, etc. shall be taken into account];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1448, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act on the suspended execution [The grounds for discretionary mitigation and the fact that there are no criminal records subject to the punishment heavier than the suspended execution];