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

On September 3, 2015, the Defendant was issued a summary order of KRW 3.5 million from the Cheongju District Court to a fine for the same crime on January 17, 2019 at the Cheongju District Court.

On February 10, 2019, at around 23:10, the Defendant driven a DK-5 car while under the influence of alcohol leveling 0.085% without a vehicle driver’s license at the nearest area of “C”, a main store located in Chungcheongnam-gun B, Chungcheongnam-do.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. The police statement of E and F;

1. Criminal records: Criminal history records and investigation record inquiry reports, amounts of dispositions and results of confirmation, reports on confirmation, - Written decisions on transmission, written opinions, and application of Acts and subordinate statutes of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act was issued with a summary order due to drinking driving on the grounds of sentencing, and name of the crime is repeated within a short period. Considering such circumstances, the sentence is determined within the scope of discretionary mitigation, taking into account the blood alcohol concentration, criminal records, circumstances after the crime, Defendant’s age, and other sentencing conditions, and probation, community service order, and social service order to prevent recidivism.