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

[Criminal Power] On December 28, 2006, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in Ansan District Court's Ansan Branch on December 28, 2006.

【Criminal Facts】

On October 2, 2019, at around 18:05, the Defendant driven a FM3 car owned by the Defendant while under the influence of alcohol concentration of about 0.072% from the 400-meter section from the front of the road located in Da in the same city as D to the front of the road, and from the Ethy road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same criminal records);

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 Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, committed a second offense even though he/she had been punished twice due to drunk driving.

In light of the circumstances of the occurrence of the traffic accident, it is judged that the risk of drinking driving significantly increased.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing a crime and is against the law, that there is no particular damage due to a traffic accident, that the drinking department was in 2002 and 2006, that there is no previous conviction from the drinking department, that there is no higher degree of blood alcohol level, and that the degree of blood alcohol level is not high, the sentence of the defendant's sentence of the sentence is harsh.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.