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

On September 22, 2009, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and on April 11, 2007, issued a summary order of KRW 1 million for the same crime at the Jeonju District Court.

On December 8, 2019, at around 14:01, the Defendant driven an EMW car while under the influence of alcohol concentration of about 0.071% from the 3km section to the front road of the JG car located in C, which is located in D, in front of the GG car located in D, until the GG car located in the front road.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of inquiries and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even if the defendant was punished for driving under influence in 2005, 2007, and 2009 of the Criminal Act, again committed the instant crime, and the sentence of imprisonment is to be imposed on the grounds that there are no special circumstances as to the circumstances of driving under influence of alcohol.

However, the execution of sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., is suspended by comprehensively considering the following: (a) the Defendant has no history of punishment exceeding a fine; (b) the period between the record of the punishment for drunk driving and the time between the instant crime reaches about ten years; and (c) the blood alcohol concentration (0.071%) was relatively high; and (d) the blood alcohol concentration (0.071%) was relatively high;