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

On December 23, 2014, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court for the violation of the Road Traffic Act.

On November 11, 2019, at around 21:40, the Defendant driven a mamast-off car with approximately 400 meters alcohol concentration of 0.143% while under the influence of alcohol from the 400-meter section to the front road of the Damo-si Kimhae-si B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: The application of criminal records, etc. inquiry reports, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Social Service and Criminal Act takes into account the following factors: (a) the degree of blood alcohol concentration, driving background, and the same criminal record as the major sentencing factors; (b) the accused is expected to recognize and not to make any identical mistake; (c) there is no criminal record other than once a fine is decided; and (d) other factors of sentencing as shown in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the execution of the sentence is to be suspended on the premise that the community service duty is faithfully performed.