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

[criminal history] The defendant was issued a summary order of KRW 1 million on September 12, 2008 as a crime of violating the Road Traffic Act (drinking driving) in the Ansan-si Support of the Suwon-gu Friwon, and was sentenced to a summary order of KRW 3 million on January 30, 2009 as a crime of violating the Road Traffic Act (drinking driving). On September 29, 2010, the defendant was sentenced to a summary order of KRW 5 million on September 29, 2010, and was sentenced to a summary order of KRW 5 million on March 26, 2015 by the same court as a crime of violating the Road Traffic Act (drinking driving).

[2] On November 7, 2020, the Defendant driven a Fdol vehicle from the front of the “C cafeteria” road located in Tonju City B with alcohol content of 0.111% at around 21:47, to the front of the E elementary school located in Tonju City, the Defendant driven a Fdol vehicle at approximately 200 meters from the front of the E elementary school located in to D.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of driving of drinking alcohol, and report of the circumstances of driving of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history in the same paper) statute;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case in which the defendant had been punished for driving under drinking, and the defendant's liability for the crime of this case is not exceptionally applied.

However, the circumstances favorable to the defendant include the following: (a) the defendant stated that the charge is recognized and against the charge; (b) the distance of drinking driving is relatively short; (c) there is no criminal history that has been sentenced to punishment; and (d) the time interval between the time when drinking was punished and the date of the instant crime.