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

On December 20, 2011, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the 6th Army Military Court at the 6th Army.

On July 9, 2019, at around 02:34, the Defendant driven a Cmotor bicycle at approximately 5km from the roads near the Dogdong-si, the Dog-si, the Government-si, to the two-si B road, while under the influence of alcohol at 0.171% of alcohol level.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A), investigation reports (suspects' previous records and confirmations);

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. 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 again commits the crime of this case even if he had a previous conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; his age, motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be