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

On November 5, 2009, the Defendant received a summary order of KRW 1.5 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and the summary order of KRW 4 million from the same court on July 24, 2014 to the same crime.

On April 7, 2020, at around 22:45, the Defendant driven an E Lastren car with approximately 600 meters alcohol level 0.043% under the influence of alcohol level 0.043% from the 600-meter section from the Daejeon Seo-gu B apartment road to the front road in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records, etc. and other 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is a serious crime that causes serious harm to the life, body, property, etc. of an unqualified person. Thus, the criminal defendant who committed the crime should be held legally liable for the severe legal liability corresponding to the act. The criminal defendant repeats the same crime even though he had already been tried two times of drinking, and other circumstances, such as the defendant's age, character, character, environment, motive, means and consequence of the crime, such as the defendant's age, character and behavior, circumstances after the crime, etc., shall be comprehensively considered in light of all the circumstances as shown in the records and arguments of this case including the circumstances after the crime