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

On January 13, 2009, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on January 13, 2009, and a fine of KRW 2.5 million for the same crime in the same court on July 22, 2011.

On September 30, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) as above, driven a B rocketing or other car under the influence of alcohol with a blood alcohol concentration of about 0.133% at the top of the 84km of the Seoul Metropolitan City, Gyeyang-gu, Gyeyang-gu, Incheon at around 06:4 on the same day from the street in front of the Sincheon-gu, Seocheon-gu, Seocheon-gu, Busan at around 06:4m of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution.