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

On November 9, 2006, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on November 9, 2006. On February 17, 2014, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving).

On February 17, 2020, the Defendant, who was punished for drunk driving, driven a motor vehicle in the Esp-type under the influence of alcohol at approximately 2.5km from the nearest road of the “C Hospital” located in the “C Hospital,” to the front road of the Ji Government-si D apartment, to approximately 0.089% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Criminal history records, reply reports, confirmation of the same kind of power, and application of summary order statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. In particular, considering the fact that even though the Defendant had been punished for a crime of violation of the Road Traffic Act (driving) around 2003, around 2006, around 2014, the Defendant committed the instant crime, the blood alcohol content of the instant case is 0.089%, and the Defendant’s consciousness appears to be obvious social ties, such as the Defendant’s age, character and conduct, family relation, motive and means of the instant crime, and circumstances after the crime, etc., the sentence shall be determined as ordered, by comprehensively taking into account the various sentencing conditions indicated in the present case’s records and arguments, such as the Defendant’s age, character and conduct, family relation, motive and means of the crime, etc.