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

On May 4, 2016, the Defendant was sentenced to a fine of KRW 4 million by the Seoul Central District Court for a violation of the Road Traffic Act.

그럼에도 불구하고 피고인은 2020. 7. 14. 03:29경 남양주시 B 호텔 앞 주차장에서부터 같은 날 03:37경 같은 시 C 앞 도로에 이르기까지 약 6.3km 구간에서 혈중알코올농도 0.179% 술에 취한 상태로 D 포르테쿱 승용차를 운전하였다.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs, investigation reports (report on the state of a driver), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

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

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. Although the Defendant was punished for drinking driving in 2016 under Article 62-2 of the Criminal Act, the Defendant again committed the instant crime.

The blood alcohol concentration of the instant case was considerably high, and the Defendant also caused the accident of shocking the drick and parked vehicles during drunk driving.

However, considering the fact that the defendant recognized the crime of this case, and the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case.