However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

[Criminal Power] On July 9, 2015, the Defendant was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act by the Daegu District Court.

【Criminal Facts】

The Defendant is the driver of a enclosed 2 truck.

On July 12, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.085% of alcohol level 0.085% from the 200-meter section to the road front of the North-gu C apartment Ddong at Port, North-gu, Mapo-si, Mapo-dong, up to the same Gu E road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on driving under influence of alcohol, report on the circumstance of a drinking driver, and a written appraisal of blood alcohol;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment and the degree of blood alcohol concentration, and the records of past five times of punishment due to the driving of alcohol and the unlicensed driving prior to the instant case);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., grounds for discretionary mitigation and the fact that there is no past record of punishment sentenced to imprisonment or a heavier punishment);

1. Order to attend lectures under Article 62-2 of the Criminal Act;