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

[criminal power] On April 5, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court, and on June 17, 2013, the Defendant issued a summary order of KRW 4 million for the same crime at the same court. On September 10, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime at the same court.

【Criminal Facts】

around 19:20 on August 20, 2020, the Defendant driven an EM5 vehicle from around 100 meters away from the 100-meter section to D in the same city from the Gyeongnam Kim Sea-si B to the front road in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Survey report on actual condition, report on the control results of drinking driving, and report on the actual status of drinking drivers;

1. Previous records of judgment: Criminal records, etc., inquiry reports, each summary order, and application of court rulings and other statutes;

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 (including the fact that he/she has not record for the latest five years and the fact that he/she reflects it);

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;