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

On February 25, 2013, the Defendant was issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act, and a summary order of 1.5 million won of a fine in the same court on October 28, 2009 with the same crime in the same court.

On May 23, 2020, at around 15:34, the Defendant driven the E-benz car from the front of the C cafeteria located in the C cafeteria B, to the front of the D apartment bus stops in the same city, with approximately 5km section, while under the influence of alcohol concentration of about 0.149%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentence shall be determined as ordered in consideration of all the circumstances, including the fact that the sentencing of Article 62(1) of the Criminal Act has high blood alcohol concentration in sentencing, the fact that the same criminal records have been several times but more than seven years have passed, the defendant reflects the crime and disposes of the vehicle;