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

On July 9, 2012, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Eunpyeong site district court on July 9, 2012.

【Criminal Facts】

On July 12, 2019, at around 16:45, the Defendant driven D class III cargo vehicle while under the influence of alcohol 0.112% in the section of about 1km from the front day of Ansan City B to the front day of the same city C grade.

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

On July 9, 2012, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Eunpyeong District Court’s Eunpyeong site, and on August 30, 2019, the Defendant was prosecuted for the same crime with the same court and is still pending in the trial.

【Criminal Facts】

On August 20, 2019, at around 03:00, the Defendant driven a freight vehicle D class III with the blood alcohol concentration of about 0.113% in the section of about 5 km from the front of the F store in Ansan-si, E to the front of G road in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

"2019 Highest 1281"

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Criminal records, references to criminal records, investigation reports (verification of the same kind of crime records), "2019 Highest 1778";

1. Defendant's legal statement;

1. The police statement of H;

1. Notification of the result of the drinking driving control;

1. Investigation report (suspect investigation, etc.);

1. Previous records before ruling: Application of criminal records, investigation reports (verification of the fact that a suspect is pending in a trial) and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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