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

On January 9, 2013, the Defendant was issued a summary order of KRW 4.5 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

On March 28, 2020, the Defendant driven an Ecom sport car from about 1km section from the front of the Gwangju Dong-gu B market to the front road located in the same Gu C, while under the influence of alcohol of 0.082% of blood alcohol level on March 28, 2020.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. According to Article 62(1) of the Criminal Act, the Defendant, on the grounds of suspended sentence, was punished as a drunk driving, again committed the instant crime, and the drinking alcohol level of the instant case is not lowered, and the Defendant was punished as a traffic-related crime, and thus, the Defendant is sentenced to imprisonment with prison labor.

However, taking into account the circumstances that may be considered in light of the fact that there is a somewhat time interval between the Defendant’s previous conviction and the date of the instant crime, the Defendant has no history of punishment heavier than imprisonment, and the Defendant’s mistake is divided, etc., a discretionary mitigation is to set the term within the applicable sentencing range and suspend the execution of the sentence, and the sentence is to be determined as per the order.

(Non-compliance Officer does not order the defendant to attend the law-abiding lecture together in consideration of his previous record).