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

[criminal history] On July 20, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (dacting driving) at the Busan District Court’s Branch Branch Branch.

[2] Although Defendant 1 was found to have violated the provision prohibiting driving of drinking alcohol as above, Defendant 1 driven a vehicle with low alcohol in the section of approximately 300 meters from the Sincheon-dong (hereinafter referred to as "Guncheon-dong") to the roads in front of the same city while under the influence of alcohol level of 0.144% from Oct. 17, 2020 to Oct. 17, 2020

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the same kind of force), and other relevant Acts and subordinate statutes;

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense and the selective punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Taking into account the risks inherent in driving of drinking on the grounds of sentencing under Article 62-2(1) of the Criminal Act (the Defendant’s actual cause of accident), the Defendant’s blood alcohol level (0.144), driving distance, and the same previous conviction (2007), the sentence shall be determined as ordered by taking into account various factors of sentencing, including the Defendant’s age, sex, criminal conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.