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

On May 26, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on May 26, 2009.

The indictment also contains the record of being sentenced to a fine of KRW 700,000 for driving under the influence of alcohol on May 26, 2005, but Article 148-2(1) of the Road Traffic Act provides that "a person who violates Article 44(1) or (2) not less than twice" is "the person who has violated Article 44(1) or (2)". The entire revision of the Road Traffic Act on May 31, 2005 provides for the prohibition of driving under the Article 44(1). Thus, the above power does not constitute a violation of Article 44(1) or (2) of the Road Traffic Act.

Therefore, even if this part of the statement is deleted and this part of the crime power is excluded, the violation of Article 148-2 (1) of the Road Traffic Act is recognized, and such violation is corrected ex officio.

On November 17, 2019, at around 20:45, the Defendant driven a F-wing-III truck under the influence of alcohol concentration of about 0.13% from a 400-meter distance to the front of the E-mail located in D from the “C” restaurant located in D, which is located in D. < Amended by Presidential Decree No. 2420, Nov. 17, 2019>

As a result, the defendant was a person who has a alcohol driving record and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inspection of the results of the drinking driving control (2019-6-1804-50982);

1. Previous convictions in judgment: Application of criminal records, repeated statements, and 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. 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 reasons for sentencing under Article 62-2 of the Criminal Act, the danger of drinking alcohol driving and the changes in the legal sentiment of the people, etc., and the defendant is punished twice by a fine for drinking driving in 2005 and 2009.