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, 2012 and February 12, 2015, the Defendant received a summary order of KRW 3 million and KRW 1.5 million, respectively, for each of the crimes of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

At around 05:20 on April 5, 2019, the Defendant driven a e-car volume under the influence of alcohol with approximately 00 meters alcohol concentration of 0.086% from the section of approximately 100 meters from the 100-meter distance prior to the D Burial road in the same Gu.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is to select imprisonment with prison labor in that the defendant, in spite of the fact that he had already been punished twice or more due to drinking driving, has already been subject to punishment.

However, as seen earlier, the execution of a sentence shall be suspended in favor of the defendant, including the previous convictions for drunk driving, by taking into account the fact that the defendant has been sentenced to a fine three times, and that the defendant has hardened not to drive a drunk driving again.

In addition, the motive for drinking driving, the place and distance of drinking driving, the blood alcohol concentration, the circumstances after the crime, the age of the defendant.