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 September 21, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (Refusal of Measurement) at the Ansan District Court’s Ansan Branch on September 21, 2012.

【Criminal Facts】 Although the Defendant had been subject to punishment for refusing to measure alcohol, the Defendant driven a C K7 vehicle under the influence of alcohol with approximately 0.078% of alcohol level 0.078% in the five-meter section of the road in front of Btel in Silung-si, Btel on April 17, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect-like records);

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1), 44 (1) and (2) 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. Taking into account the risks inherent in the judgment of sentencing under Article 62-2(1) of the Criminal Act, the blood alcohol density, driving distance, and the previous conviction (in addition to the previous conviction on the market, there are the records of being sentenced once a fine due to drunk driving) of the accused, taking into account the age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence shall be determined as per the disposition, taking into account the following factors: