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 January 21, 2019, the Defendant was issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On April 21, 2020, at around 16:50, the Defendant driven a DNA car with approximately 400 meters alcohol level 0.053% under the influence of alcohol from the front of Pyeongtaek-si B to the front of the same city C.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (Attachment to the same criminal records and judgments, etc.);

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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. shall be determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including probation, community service order, and lecture order, the age, character and conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, and circumstances

The circumstances that have already been punished for driving under the influence of alcohol more than four times, and the circumstances that are favorable for driving under the influence of alcohol again at the time one year elapses from the time when the person was punished for driving under the influence of alcohol without being sentenced to a suspended sentence of imprisonment, despite the previous conviction, are recognized as crimes and reflected. There is no circumstance that the degree of blood alcohol concentration at the time of detection is relatively high, there is no circumstance that the risks caused by driving are realized, and the same power is more than ten years after more than ten years, except for the previous conviction sentenced to a fine around 2019.