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 September 22, 2014, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on September 22, 2014, and on June 20, 2016, issued a summary order of five million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on June 20, 2016.

【Criminal Facts】

On September 30, 2019, at around 08:08, the Defendant driven a so-called E-car under the influence of alcohol level of about 0.450% in the section of about 3km of blood alcohol level from the roads adjacent to the Seongbuk-gu Seoul Metropolitan City B market to the front roads located in the same Sisan-gu C.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Previous records of judgment: Application of criminal records, repeated statements, copies of judgment, and summary order under Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, occupation, character and conduct, family relationship as well as the circumstances before and after the crime.

Unfavorable circumstances: The defendant has a record of being punished twice for the same crime, the circumstances in which blood alcohol concentration is very favorable: The confession and reflect by the defendant, and there is no record of punishment exceeding the fine.