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

On April 26, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On October 23, 2019, at around 20:10, the Defendant driven B Haak-III Cargo Vehicle while under the influence of alcohol concentration of 0.046% on the front of the 295 Masan Tri-gun, Bosung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, repeated statements, investigation reports, and application of Acts and subordinate statutes of one summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The statutory punishment has been continuously aggravated due to the danger of drinking driving under the reason of sentencing under Article 62-2 of the Criminal Act and the changes in the people's legal sentiment, etc., the defendant's history of being fined due to drinking under the influence of alcohol in around 2007, the degree of blood alcohol level is not high to 0.045% and the defendant's mistake is against the defendant, and other defendants' age, character, character, environment, family relationship, the circumstances leading to the instant crime, etc., and the following circumstances, etc., shall be determined as ordered in light of the arguments of this case and various conditions of sentencing as shown in the records.