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 January 6, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Sung-nam Branch of Suwon District Court as well as a summary order of KRW 4 million for the same crime at the Seoul Central District Court on April 25, 2014.

【Criminal Facts】

At around 23:20 on April 2, 2020, the Defendant driven FMW car under the influence of alcohol 0.105% in a section of approximately 120 meters from the front of the C cafeteria located in Gangnam-gu Seoul to the front of the E cafeteria located in Gangnam-gu Seoul.

In this respect, the Defendant violated the prohibition of drunk driving, even though he had a history of violating the prohibition of drunk driving more than once.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of records of measurement of drinking alcohol and results of the regulation of drinking driving;

1. Investigation report - The circumstantial report of an employee;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of records of driving under the same kind of suspect), and application of two copies of summary order 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 reason for sentencing under Article 62-2 of the Criminal Act, even though there was a history of punishment for drunk driving around 2010 and around 2014, the Defendant engaged in the instant drinking driving, and the blood alcohol concentration was considerably high, and the responsibility for the relevant crime is not minor.

However, considering the fact that the defendant's mistake is recognized and reflected, the driving distance is relatively short, the fact that he/she does not repeat again while disposing of the vehicle that he/she operated, and other various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, etc., the punishment shall be determined as per the order.