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

[Criminal Power] On October 19, 2006, the Defendant was issued a summary order of a fine of two million won for the crime of violating the Road Traffic Act in the Busan District Court's branch court's branch court.

【Criminal Facts】

On January 28, 2020, at around 22:59, the Defendant driven a FMW 328i car in the state of alcohol alcohol concentration of about 0.209% from the C Joint Wholesale Market parking lot located in Busan Seo-gu B to the Ethy road located in Busan Seo-gu, with approximately 50 meters alcohol concentration of about 0.209%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inspection reports on the results of the control of drinking driving, investigation reports (report on the circumstances of drinking drivers), investigation reports (information on telephone conversations for the purpose), and investigation reports, respectively;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records, investigation reports (verification of the same type as A of a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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, including the probation order, the order to attend a lecture, and the order to attend a lecture, is highly likely to infringe on the life and property of others, so it is highly necessary to strictly punish the Defendant, and the Defendant again committed the instant crime despite the record of punishment twice due to drunk driving. In particular, the Defendant’s blood alcohol concentration at the time of the police investigation and the first prosecutor’s investigation, and denying the driving of a third party, other than the Defendant, at the time of the investigation into the police investigation and the first prosecutor’s investigation

In light of the above unfavorable circumstances, considering the circumstances favorable to the defendant's recognition of the crime of this case and the reflection thereof, as well as other circumstances shown in the pleadings, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it is ordered as above.