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

On June 30, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Southern District Court of Jeonju as well as a fine of KRW 3 million.

On July 7, 2020, the Defendant driven a Fpoter II cargo vehicle from the front side of the Southern Village B, to the front road of the E store located in Jeonnam-gun D, while under the influence of alcohol of 0.20% of blood alcohol level around 0:03.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished once due to the previous drunk driving, and there is no time interval between the previous drunk driving and the date of the instant crime, and the instant drinking alcohol level is very high. Thus, the Defendant is sentenced to imprisonment with prison labor.

However, considering extenuating circumstances, such as the fact that the defendant has no record of punishment heavier than imprisonment with prison labor and the defendant has divided his/her wrong facts, the term of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but the order shall be issued together with the participation in the compliance driving lecture, and the punishment shall be determined as the same as the order.