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

On May 8, 2015, the defendant was given a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Busan District Court's branch court's jurisdiction on May 8, 2015.

Although the Defendant was punished as a crime of violation of the Road Traffic Act, around 00:00 on July 11, 2019, the Defendant driven a fenzE200 car under the influence of alcohol content of about 0.191% from the 1km section to the front road of “E” located in the same Gu as “E” located in the same Gu as “C” restaurant in Busan Shipping Daegu, Busan.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. The reference to criminal records and the application of Acts and subordinate statutes concerning 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order to attend a lecture or to order community service order under Article 62-2 of the Criminal Act is not good, and the defendant is against the disadvantage of the defendant, such as the fact that the principal offender is high, and is eradicating the drinking driving, the social relation is clear, the social relation is obvious, and other favorable circumstances, such as the defendant's age, character and behavior, environment, means and consequence of the crime, circumstances after the crime, economic situation, etc., and the various sentencing conditions shown in the trial process of this case, including the following factors.