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

On March 5, 2008, the Defendant issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act (fluence) at the Jung-gu District Court, but around April 13, 2020, the Defendant was under the influence of alcohol of KRW 0.183% on the roads near the Yancheon-si located in Gyeonggi-si to the 19-1 Olympic Winter-dong, Yeongdeungpo-gu, Seoul (fluence) and operated a passenger car in the section of approximately 10km.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the control results of drinking driving, and written expert report;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of a copy of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the interval from the former, the drinking volume in this case, the circumstances after the crime, etc.