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

To the extent that the defendant's defense right is not disadvantaged, part of the facts charged was revised.

On October 17, 2012, the Defendant received a summary order of KRW 4 million from the Suwon District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and on May 8, 2017, a summary order of KRW 4 million from the Sungwon District Court to a fine of KRW 5 million for the same crime.

On November 29, 2018, at around 01:50, the Defendant driven Cenz’s car while under the influence of alcohol concentration of about 15 meters from the first floor of the underground floor of the building B in Seongbuk-gu, Sungnam-si to the ground parking lot entry.

As a result, the Defendant violated the regulations prohibiting driving under the influence of alcohol not less than twice, and drives a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Report on the violation of the Road Traffic Act, report on the circumstances of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and circumstantial statement of the driver under the influence of alcohol;

1. License register and next insurance inquiry;

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.

The defendant has been punished by a fine twice due to drinking driving, but he has again been punished.