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

On January 24, 2008, the Defendant received a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) from the Jinyang Branch of the Incheon District Court on February 5, 2008, and a fine of KRW 700,000 as a same crime from the Busan District Court Branch of the Republic of Korea on February 5, 2008.

그럼에도 불구하고 피고인은 2020. 4. 18. 21:20경 혈중알콜농도 0.183%의 술에 취한 상태로 서울 도봉구 쌍문동 불상지에서부터 같은 구 B에 있는 C 앞 도로에 이르기까지 약 1킬로미터 구간에서 D 팰리세이드 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

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

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

1. In addition to the Defendant’s prior conviction, Article 62-2(1) of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc., the following should be taken into account: (a) the Defendant had been sentenced to a fine due to drinking alcohol in 2005; and (b) a minor physical accident that was committed under the judgment with a high blood alcohol level; (c) however, the Defendant was not subject to a suspended sentence and the Defendant did not have any criminal record for the last twelve years, and there was two minor children to be supported.