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

On April 29, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on May 10, 2018.

On April 29, 2020, at around 23:36, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.138% from the 1km section from the front of a mutual influence house B located in the petition-gu, Cheongju to the front of the same Gu C apartment.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a statement of the state of drinking drivers, and the control results of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (verification of the same criminal records as the suspect);

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 requires strict punishment of the defendant inasmuch as he/she commits a crime of drinking again even though he/she had a previous conviction twice.

However, the defendant's order of suspension of execution is imposed on the condition of the order of suspension of execution, taking into account all the circumstances, including the blood alcohol concentration, driving distance, and the defendant's age, character and conduct, and circumstances before and after the crime, and the sentencing conditions specified in the records and arguments of this case, which include the following facts: (a) the defendant's prior to the above drinking driving is seriously leading to not repeating; (b) the criminal records prior to the above drinking driving are fines in around 2009 and 2018; and (c) there is no criminal record other than the above drinking driving prior to the above drinking driving; and