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

The Defendant, at the Seoul Central District Court on March 5, 2007, received a summary order of KRW 2 million as a violation of the Road Traffic Act (driving) and received a fine of KRW 3 million in the same court on April 14, 2008 due to the same crime, etc.

A person who was punished twice or more due to drinking driving as above, and again, around 03:39 on April 201, 201, the Defendant driven a car in B column B while under the influence of alcohol content of 0.098% at a section of about 500 meters from the 568-67th of the Nam-gu Incheon Metropolitan City on the roads front of the second apartment house in Yongsan-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports;

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

1. Mitigation of discretionary work: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation