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

On December 2, 2009, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act at the Incheon District Court on December 2, 2009, and on April 4, 2016, the Defendant issued a summary order of KRW 4,00,000 to a fine for the same crime at the Sungnam branch of Suwon District Court on April 4, 201.

Criminal facts

At around 03:00 on May 9, 2020, the Defendant driven a dial car from around 1 kilometer-gu, Incheon to the front road of the building, from around 0.141% of alcohol level, while under the influence of alcohol around 03:0.0.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of the same criminal records;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment [Consideration of the contents and circumstances of the crime of this case, blood alcohol concentration, the criminal records of the defendant, etc.];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Order to attend lectures under Article 62-2 of the Criminal Act;