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 April 24, 2012, the Defendant was sentenced to a fine of 6 million won by the Busan District Court due to a violation of the Road Traffic Act (refluence of the noise measurement).

【Criminal Facts】

On August 6, 2019, at around 00:06, the Defendant had been punished for refusing to measure alcohol as above, the Defendant driven F124CC, which was owned by the Defendant, under the influence of alcohol with approximately 0.086% of alcohol content from around 100 meters away from the road located in Busan Dong-gu B to the front road located in Busan Dong-gu D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statement of a drinking driver, a management and inquiry statement of a drinking-wing report, and the results of the crackdown on drinking-driving;

1. Records before and after judgments: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, and application of statutes governing judgment;

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

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant had a record of criminal punishment due to the crime of refusing to measure alcohol, etc., it is necessary to take a strict measure against the defendant again committing the crime. However, the defendant confessions all of the crimes and repents his mistake. The defendant's degree of alcohol concentration at the time of the crime in this case is not higher than that of the blood alcohol concentration at the time of the crime in this case, and the records related to driving under the influence of alcohol including this case are not less than twice. In addition, the defendant's age and occupation