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

[criminal power] On September 14, 2006, the defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (driving) at the Busan District Court on September 14, 2006. On October 24, 2006, the defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the branch court of the Busan District Court, and on February 3, 2009, he was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the branch court of the Busan District Court on February 3, 2009.

【Criminal Facts】

At around 23:45 on March 31, 2020, the Defendant driven a Dinti M35 vehicle on the front side of a restaurant located in the Busan Shipping Daegu-gu Seoul Metropolitan City, at approximately 8km-dong, Namcheon-gu, Namcheon-gu, Busan Metropolitan City, with a level of alcohol level of 0.182%.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1) and 2), inquiry into the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver, and photograph of the accident vehicle;

1. Previous records of judgment: Criminal records, reply reports, and application of three copies of the judgment;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant had been punished several times due to drunk driving, but he/she also driven under the influence of drinking, and the degree of his/her drinking.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.