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

On September 15, 2010, the Defendant received a summary order of a fine of KRW 4 million from the Suwon District Court due to a violation of the Road Traffic Act (Refusal of measurement), and a summary order of KRW 1.5 million from the Jung-gu District Court on April 20, 2018 to a fine of KRW 1.5 million due to a violation of the Road Traffic Act.

On August 9, 2019, at around 23:08, the Defendant driven an E-motor vehicle while under the influence of alcohol of about 0.125% of alcohol concentration from around 100 meters to the front roads of D located in the same Gun C from the front of the restaurant where the trade name in Gyeonggi-gun B cannot be known.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A traffic accident report;

1. Related photographs;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, confirmation of the same type of force, judgment, and application of Acts and subordinate statutes of a copy of summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act has a record of having been punished several times for the same kind of crime, such as drinking driving, refusal of drinking, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc.

Nevertheless, while driving in the state of 0.125% alcohol concentration in the second blood alcohol level, it has caused an accident to shock the aspect of the damaged vehicle first entered the intersection.

However, it shall be considered in favor of the fact that the defendant is against the recognition of the crime, and that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.