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

On October 21, 2013, the Defendant received a summary order of KRW 4 million from the Incheon District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 3,50,000 as a fine in the same court on January 18, 2016, respectively.

On February 28, 2020, at around 02:20, the Defendant driven D Lasta car with a blood alcohol concentration of about 0.104% under the influence of alcohol over the 7km section from the road located in B in B in B in Silung-si to the adjacent road located in C in Silung-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, and record of measurement of drinking;

1. Previous records before ruling: Application of criminal records, investigation reports (the previous records and confirmation reports of a suspect) 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. Article 62 (1) of the Criminal Act;

1. All circumstances, including the amount of blood alcohol concentration for sentencing under Article 62-2 of the Criminal Act, the frequency of punishment for previous drunk driving, the timing and contents thereof, and the violation of mistake;