except that 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 5, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Seo-gu District Court's Seo-Support on the ground that the Defendant was issued a fine of KRW 3 million.

【Criminal Facts】

On April 27, 2020, at around 01:00, the Defendant driven an E QM6 vehicle under the influence of alcohol by 0.202% in the section of approximately 2.7km from the 01:25m of blood alcohol level to the front road of the Daegu-gu apartment complex B, Daegu-gu, Seoul-gu, and around 01:25 on the same day.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects and report on investigation of them in violation of the Road Traffic Act (report on the situation of a drinking driver);

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and investigation reports (verification of sound driving records) and Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant had already been punished one time due to drunk driving, but repeated the same crime, and that the blood alcohol concentration of the defendant at the time of the instant case is very high to 0.202%, it is necessary to strictly punish the defendant.

However, the fact that the defendant shows a divided attitude in recognizing the facts of crime is considered as favorable to the defendant, and the defendant's age, character and conduct, environment, family relationship, family environment, circumstances, and various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, shall be determined like the order.