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

On September 28, 2007, the Defendant received a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act, and a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on May 29, 2015, respectively.

On December 5, 2019, around 06:57, the Defendant driven a vehicle B Alti, while under the influence of alcohol 0.076% in a section of about 5km from the front line of the trade infinite-dong Dong-dong, Yongsan-gu to the middle 2 complex 284, U.S. among the coal located in the same city-gu, U.S. Seogdong-gu.

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 circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, investigation reports (the same criminal records and confirmation of suspects),- Application of Acts and subordinate statutes twice a summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentence as ordered shall be determined by comprehensively taking account of the following circumstances: the Defendant’s history of the same punishment for sentencing under Article 62-2 of the Criminal Act; the blood alcohol concentration of the instant case; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and the circumstances after the crime was committed.