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

[Criminal Power] On October 10, 2017, the Defendant was issued a summary order of KRW 1,000,000 as a crime of violating the Road Traffic Act.

【Criminal Facts】

[200 Highest 3870]

1. Around 02:40 on May 30, 2020, the Defendant driven the E-Poter Ⅱ Cargo Vehicle with a blood alcohol concentration of 0.19% at the section of approximately 2.1km from May 30, 202 to D in the front of Dongjak-gu Seoul Metropolitan Government, the Defendant driven the E-Poter Ⅱ Cargo Vehicle with a blood alcohol concentration of 0.19%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

[200 Highest 5584]

2. Around 00:05 on July 19, 2020, the Defendant driven an I-low driver’s vehicle under the influence of alcohol level of 0.167% without a vehicle driver’s license in the section of approximately 2km from the front of the “G parking lot” located in Yeongdeungpo-gu Seoul Metropolitan Government to the front of the “Htel” located in the same Gu.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

[200 Highest 3870]

1. Defendant's legal statement;

1. To report the results of drinking tests and the control of drinking driving;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Previous convictions in judgment: Criminal history records, inquiry reports, and summary of investigation results (as to whether Article 148-2 (1) of the Road Traffic Act shall apply);

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Suppression photographs;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades between the crimes of violation of the Road Traffic Act as referred to in paragraph (2) at the time of displaying and the crimes of violation of the Road Traffic Act) of the ordinary concurrent crimes;

1. Selection of penalty: