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

On January 11, 2018, the Defendant was notified of a summary order of a fine of KRW 4 million for the violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site.

At around 23:30 on October 24, 2019, the Defendant, while under the influence of alcohol 0.178% (the result of blood appraisal), driven a vehicle B C220d from the 1km section to the road in front of the Pyeongtaek-si Pyeong Stick Zone, while under the influence of alcohol 0.178% (the result of blood appraisal).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. A written appraisal of blood alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes on attached data;

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 sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as ordered by comprehensively taking into account all the sentencing factors shown in the pleadings of the instant case, including the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The fact that the driver re-drivings a motor vehicle despite the history of punishment for driving under the influence of alcohol; the defendant's condition at the time of detection and the degree of alcohol concentration in blood: The confession of the crime; the fact that there is no other criminal records other than the previous conviction in the judgment;