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

【Criminal Power】 On February 11, 2019, the Defendant issued a summary order of a fine of 1.5 million won at a district court of Jung-gu with a penalty for a violation of the Road Traffic Act

3.6. The summary order became final and conclusive.

【Criminal Facts” around 00:05 on December 3, 2019, the Defendant driven a BMW520d car at the section of approximately 23 km from the section of BMW520 meters from the 23km of the Seoul Southern East Eastern Highway, which is located in the Gurisi Labor from the surrounding area of the Songpa-gu Storage Station to the GMW520d car, while under the influence of alcohol of 0.108%.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, notification of the results of the control of drinking driving, report on the circumstantial statements of a drinking driver, investigation reports (report on the circumstances of a drinking driver), investigation reports (demark and applicable provisions of Acts);

1. The application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), report on the results of confirmation of the previous disposition, and copies of 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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. On February 2019, the Defendant was punished as a crime of violation of the Road Traffic Act (driving) and committed again the instant crime only for 10 months after the sentence was sentenced.

At the time, there is a high possibility of criticism in that the blood alcohol concentration of the defendant at the time is 0.108% and the expressway is 23 km or driving on the expressway.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.