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 12, 2009, the Defendant received a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 7 million due to a violation of the Road Traffic Act (driving on August 2, 201) at the Ansan Branch of the Suwon District Court.

【Criminal Facts】 Despite the fact that the Defendant had been punished for a drunk driving twice or more, on November 3, 2018, at around 22:55, the Defendant driven a motor vehicle in the E-highest condition while under the influence of alcohol with approximately 1.5 km from the front of Heung-si, B to the front of D located in the same city C from around 1.5km to the front of D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of punishment records for drunk driving at least twice a suspect)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. The sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, character and conduct, family relation, shall be determined as ordered by considering the whole sentencing conditions.

- Unfavorable circumstances: The circumstances that make a confession and reflective attitude, the circumstances that are to be taken into account, and the fact that there are no criminal records exceeding the fine, in light of the circumstances that make a confession and reflective attitude;