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

[criminal power] On August 31, 2009, the Defendant received a summary order of KRW 5 million from the Changwon District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 3 million from the Changwon District Court on June 23, 2014, respectively.

【Criminal Facts】

Although the Defendant was punished on more than two occasions for the violation of the Road Traffic Act (driving) as above, on November 22, 2018, at around 22:10, the Defendant driven a D window-car at a five-meter section prior to the road located in Kim Sea-si B while under the influence of alcohol level of 0.103% of the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

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

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

1. Under the grounds for sentencing under Article 62-2(1) of the Criminal Act, the sentence as ordered shall be determined by taking into account all the various circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the instant case.

Unfavorable circumstances: Maximum amount of alcohol concentration (0.103%) and favorable circumstances, such as actualization of traffic risks (in the event of an accident), previous convictions of the same kind (in the event of an accident), confessions, driving distance very short, absence of any record of excess penalties, dependents, etc.