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 June 24, 2009, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act at the Changwon District Court's branch on June 24, 2009, and was sentenced to a fine of eight million won for a crime of violation of the Road Traffic Act at the Jung-gu District Court on January 14, 201.

【Criminal Facts】 Although the Defendant had the record of being punished for drunk driving, on January 13, 2020, at around 22:55, the Defendant driven Dbenz motor vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.169% from the 100-meter section to the front road of C Hospital located in Singu-si, Sinung-si.

Summary of Evidence

1. Report on the circumstances of the defendant's legal statement, the driver, the oral statement, and the record of drinking measurement;

1. Previous records: Application of inquiry letter, such as criminal records, and output of the written judgment;

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. Driving alcohol again even though he/she had a record of having been punished several times for the same kind of crime as the sentencing of Article 62-2 of the Criminal Act;

B. The blood alcohol level is high. On the other hand, due to parking, a vehicle seems to have been temporarily parked, and the mistake is against the depth. In addition, the punishment is determined by taking into account the Defendant’s age, environment, circumstances of the crime, etc.