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

On September 30, 2008, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, from the Incheon District Court’s Busan District Court’s Branch on September 30, 2008. On December 14, 2012, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act.

On December 22, 2018, the Defendant, as a person who violated the duty of prohibition of drunk driving twice or more, driven a E Car under the influence of alcohol with a blood alcohol content of 0.101% 0% from the front of “C” in the Namyang-si B to the front of D in the Namyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previouss before and after judgments: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime even if he had a previous conviction in several times; (b) the Defendant did not have any previous convictions exceeding the fine; (c) the Defendant’s blood alcohol concentration; (d) the Defendant’s age, character and conduct and environment; (e) the motive, means and consequence of the instant crime; and (e) the sentencing conditions specified in the pleadings