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

[Criminal Power] On October 30, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Youngcheon District Court’s Young-gu branch of the Chuncheon District Court.

【Criminal Facts】

On December 28, 2019, at around 04:58, the Defendant driven a flag car in the state of alcohol with approximately 200 meters alcohol concentration of 0.066% from the section of approximately 200 meters from the front of the sub-city B apartment to the front of the same city C.

Accordingly, the defendant, who violated the prohibition of drinking driving once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the drinking state, and the inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);