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 February 21, 2014, the Defendant was issued a summary order of KRW 3,000,000 by the Seoul Western District Court to a fine of KRW 3,000,000 for a violation of the Road Traffic Act, and on November 4, 2014, the same court issued a summary order of KRW 3,00,000 for a violation of the Road Traffic Act.

【Criminal Facts】

On November 16, 2019, at around 05:23, the Defendant driven CK5 car while under the influence of alcohol of about 0.162% of alcohol concentration from the 4km section from the 05:23rd of the Gangnam-gu Seoul Western-dong to the front road of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, report on the request for appraisal, and report on the appraisal of blood alcohol;

1. Application of two copies of Acts and subordinate statutes, such as criminal history records, investigation reports (criminal records of the same kind as a suspect), and 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. 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 drives drinking again even though he/she had the record of punishment for drinking driving; the time interval with the same crime; the defendant's blood alcohol concentration; driving distance; the defendant's charge is recognized and against the charge; there is no criminal history exceeding a fine; the defendant's age, character and behavior 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 per the order.