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

On September 3, 2014, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and a summary order of KRW 4 million from the Suwon District Court to the same crime on June 17, 2015, respectively.

On April 20, 2019, at around 02:00, the Defendant driven Dworka car under the influence of alcohol by 0.111% in a section of about 50km from the front of the road located in the Busan Metropolitan City Shipping Daegu B to the Gyeong-gun, Ulsan-gun, Ulsan-gun, Seoul-do, to the Gyeongnam Highway (Seoul-do 35km point).

As a result, the Defendant, who violated the prohibition of drunk driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records: Application of criminal records and investigation reports (Attachment of the same criminal records) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;

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

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

1. Determination of probation and community service order under Article 62-2 of the Criminal Act shall be made by taking into account the following factors: (a) the fact that probation and community service order had a previous and four times of fines for the same kind of punishment for the reason of sentencing; (b) the fact that they were not subject to actual accidents; and (c) the degree of