Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

On March 20, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

On August 1, 2020, at around 22:29, the Defendant driven an Efran vehicle while under the influence of alcohol with approximately 0.202% of alcohol concentration in the two kilometers section from the Jeonju-gun B Apartment to the front roads in the same military C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. The defendant who has previously been sentenced to criminal punishment for the crime of drunk driving even though he had had the record of having been sentenced to criminal punishment for the crime of drunk driving, shall choose imprisonment with prison labor in consideration of the fact that the defendant's blood alcohol concentration is very high at the time of the crime in this case;

However, considering the fact that the defendant was sentenced to a fine of two million won due to criminal records and fraud in 2013, there is no particular criminal record, and that it was the past for not less than seven years, and that the defendant would not drive under the influence of alcohol again, the execution will be suspended.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined the same as the order.