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

[Criminal Power] On October 4, 2010, the Defendant was sentenced to a fine of KRW 2.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Despite the fact that the Defendant was punished for a violation of the Road Traffic Act (driving) as above, at around 00:50 on September 11, 2020, the Defendant driven a motor vehicle under the influence of alcohol with approximately 0.244% of blood alcohol concentration in the 1km section from D apartment around the G cafeteria located in Speaker-gun B at approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 Code of the community service order was that the Defendant had been punished for drunk driving, but caused the instant crime.

The blood alcohol concentration level is very high, and it also causes traffic accidents.

However, the defendant stated that he is aware of and against the facts of crime.

There is no criminal history exceeding a fine.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.