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 October 16, 2008, the Defendant was notified of a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Busan District Court's Busan District Court's Branch. On March 6, 2009, the Defendant was notified of a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Seoul Northern District Court.

【Criminal Facts】

Although the Defendant had been punished for the crime of violation of the Road Traffic Act more than twice as above, the Defendant driven the Ebenz vehicle at the section of approximately 1.4 km from the Dongdaemun-gu roads in Seoul, Dongdaemun-gu to the front road located in Seongbuk-gu, Seoul, while under the influence of alcohol at around 01:41 on September 12, 2018, under the influence of alcohol level of 0.126%.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. The prosecutor's statement concerning the F;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drinking;

1. Photographs;

1. Each CD;

1. Previous records: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Judgment on the defendant and his/her defense counsel's assertion regarding orders to provide community service and attend lectures

1. Defendant and his defense counsel’s assertion

(a) In light of each fact-finding certificate (Evidence 1 and 4) and F’s legal statement written by F, an acting driver, the F’s statement at the prosecution is not reliable.

B. F driven the Defendant’s vehicle on behalf of the Defendant and set up the said vehicle trhy on the three-lanes in the vicinity of the Bogmun Station in Seongbuk-gu Seoul, Seongbuk-gu, with a view to preventing subsequent accidents, and the Defendant moved the said vehicle from the said place to approximately KRW 300 meters without any choice to prevent subsequent accidents, and entered another proxy driving technician. Ultimately, the Defendant’s act constitutes an emergency evacuation.