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

On April 21, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court on April 21, 201, and a fine of KRW 2 million for the same crime in the same court on November 17, 2015.

On January 7, 2019, at around 22:26, the Defendant driven Cmp car over about 50 meters from the underground parking lot of the building in Sungnam-si to the front side of the building while under the influence of alcohol 0.209% of alcohol level.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drinking;

1. Helping licensed insurance policies;

1. Previous convictions in judgment: Application of criminal records and summary orders of the same kind of power;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The normal drinking operation disadvantageous to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of traffic accidents.

As the statutory penalty for the violation of the Road Traffic Act (driving) is recently raised and revised, there is a consensus on the necessity of strengthening the punishment for driving under the influence of alcohol.

Although the Defendant had been punished by a fine on two occasions due to drinking driving, he again committed the instant crime of drinking driving.

The blood alcohol concentration at the time of crime is very high.

The favorable normal defendant recognizes his criminal liability and reflects it.