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

On June 22, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul Northern District Court on June 22, 201, and was issued a summary order of KRW 3.5 million for the same crime at the same court on October 23, 2012.

Although the Defendant violated Article 44(1) of the Road Traffic Act two or more times, the Defendant driven B K5 cars while under the influence of alcohol at approximately 0.076% in the 7km section of the 7km to the front of the East-gu Seoul Toltro (Seoul), from the unfurgian in Jung-gu, Seoul to the 54-ro Donnam-ro 75-gil. < Amended by Act No. 15035, Oct. 9, 2018>

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, reporting on the circumstances of drinking driving, and circumstantial statements of drinking drivers;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and copies of written judgments;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished twice due to drinking driving, and even though he had the record of punishment, it is not sufficient to commit the crime.

However, the defendant's mistake is divided and again is expected not to drive under the influence of alcohol, the defendant's blood alcohol concentration is not high to 0.076%, the crime of this case has not resulted in any more serious result while driving under the influence of alcohol; the defendant does not have any criminal record exceeding the fine; and the defendant has no criminal record other than the defendant's age, character and behavior, intelligence and environment, family relations, circumstances at the time of the crime, etc. shall be determined as ordered by the order, taking into account various sentencing factors in the trial process of this case such as the defendant's age, character and behavior, character and environment, family relationship, etc.