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

On July 19, 2017, the Defendant was issued a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act (driving on Motor Vehicle) in the Goyang Branch of the District Court of Jung-gu.

On November 22, 2019, at around 03:00, the Defendant driven a BMW car with approximately KRW 0.163% alcohol concentration at the 6km section of the Seoul Seocho-gu, Seocho-gu, Seoul, up to the access road to the high-priced road.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation, a report on the situation of a drinking driver, a report on the measurement result of drinking, and an appraisal report on the blood alcohol concentration;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (Attachment of judgment);

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. Article 62 (1) of the Criminal Act;

1. The fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act; the defendant re-driving with alcohol despite having the record of punishment for drunk driving; the time interval with the same crime; the defendant's blood alcohol concentration; driving distance; the defendant's facts charged are recognized and reflected; the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered, taking into consideration the following factors.