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

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.

On October 29, 2015, the Defendant was issued a summary order of KRW 4,00,000 (see, e.g., evidence No. 29, Oct. 29, 2015) by the Chuncheon District Court (see, e.g., Supreme Court Decision 562, Oct. 29, 2015) and finally became final and conclusive (see, e.g., Supreme Court Decision 3,000, Jan. 16, 2017) with a fine of KRW 3,00,00 issued for a violation of the Road Traffic Act (see, e.g., Supreme Court Decision 2016Da18994, Oct. 1, 2016).

Criminal facts

On July 5, 2020, the Defendant driven a DNA food (Peugeot) vehicle over approximately 2 km from the front side of the road where the address below Chuncheon B is unknown while under the influence of alcohol level of 0.137% in blood (see, e.g., evidence record No. 8) to the front side of Chuncheon City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order of the same case against the suspect);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, Observation, taking lectures, community service orders are twice the judgment of the accused.