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 October 17, 2017, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s branch branch branch on October 17, 2017.

【Criminal Facts】

On November 2, 2019, at around 04:14, the Defendant driven a two-wheeled automobile under the influence of alcohol concentration of about 0.183% from the 5km section to the C-way located in Busan Dong-gu, Busan, the Defendant driven a two-wheeled automobile under the influence of alcohol concentration of about 0.183%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Records before judgment: Criminal records, etc., and the application of Acts and subordinate statutes of inquiry reports and investigation reports (Evidence List Nos. 17);

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

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

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act, committed a second offense even though the defendant had the record of drunk driving, and the defendant selected imprisonment in light of the situation of driving 5 km in the state of drinking alcohol level at 0.183% and the level of 5 km from blood alcohol level: Provided, That the punishment as ordered shall be determined by comprehensively taking account of all the circumstances favorable to the defendant, including those favorable to the defendant, including the following: (a) there is no other criminal record except for the previous drunk driving and one time; and (b) there is no personnel accident in the course of driving.