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

[Criminal Power] On September 28, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) at the Busan District Court’s Branch Branch Branch.

【Criminal Facts】

On July 5, 2020, at around 23:05, the Defendant driven a B K5 car with the blood alcohol concentration of 0.239% under the influence of alcohol in a section of approximately 200 meters away from the scambine of Geum-gu, Busan.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the status of a drinking driver);

1. Records of judgment: Application of criminal records, reply reports, investigation reports (Attachment to the same criminal records) and 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. Article 62 (1) of the Criminal Act;

1. In view of the fact that the Defendant was punished for the crime of violation of the Road Traffic Act, despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, the Defendant’s liability for the crime of this case is not weak.

However, it seems that the defendant committed the crime of this case and seriously repented his mistake, the fact that all of the criminal facts stated in the previous convictions against the defendant are the only power of fine, the fact that the defendant's failure to commit the crime of this case has been disputed with the substitute engineer in the state of his taking, and that the distance of operation is not so long, the defendant's age, character and behavior and environment, motive, means and consequence of the crime of this case, and the conditions of sentencing specified in the argument of this case such as the circumstances after the crime of this case shall be determined as ordered by taking into account the following factors.