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

On November 9, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine from the Suwon District Court on November 2, 201 with the same crime, respectively.

On August 2, 2016, around 18:06, the Defendant driven a B X-ray sports vehicle with approximately 0.072% of alcohol content at approximately 180km from the section of about 180km to the area south of the Shincheon-si, Chungcheongnam-si, Seoul, the wife of which is located in the area south of the Shincheon-si, Jin-gun, Seoul. In addition, the Defendant was under the influence of alcohol content at approximately 0.072%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Notification of the result of the drinking driving control;

1. Criminal records as stated in the judgment: Application of criminal records, inquiry reports, and criminal investigation reports (reports accompanied by summary orders of the same kind of suspect power);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du148, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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