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 September 29, 2008, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from an Ansan District Court branch on September 29, 2008, and received a summary order of KRW 5 million for the same crime from the same support on August 18, 2011.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act twice as stated in the above criminal records, at around 01:27 on May 16, 2020, the Defendant driving a motor vehicle with low alcohol content of 0.098% under the influence of alcohol content at a level of 0.098%, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the results of the drinking driving control, and a place of drinking output;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous conviction and the time interval from the defendant, the circumstances leading to drinking alcohol and driving and detection at the time of the instant case, the distance of drinking driving and the defendant's movement, the fact that the defendant sells the vehicle and the prevention of recidivism is conducted, and the defendant's age, character, conduct, family relationship, occupation, and circumstances after the instant crime are considered, and the punishment as ordered shall be determined by taking into account