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 19, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court. On October 31 of the same year, the Defendant issued a summary order of KRW 3 million for the same crime, etc. in the same court. On June 16, 2014, the Defendant was issued a summary order of KRW 8 million for the same crime at the Seoul Central District Court.

【Criminal Facts】

On May 24, 2020, the Defendant, while under the influence of alcohol 0.117% at blood alcohol level on May 24, 2020, driven a vehicle with a volume of KRW 200 meters from the front day of the cafeteria “C” restaurant located in Gangnam-gu Seoul Metropolitan Government to the street in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A table showing the results of the crackdown on drinking driving, such as making inquiries, and making drinking;

1. Previous records before ruling: Criminal records, inquiry reports, investigation status (verification of a summary order with existing punishment of a suspect), and application of Acts and subordinate statutes of each summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, even though he had three times the past records of punishment for drunk driving, drives under drinking again, distance from time to time with the same kind of crime, the blood alcohol level of the defendant, driving distance, the defendant recognized the facts charged, and there is no record of criminal punishment exceeding the fine, and the punishment is determined as ordered by taking account of the defendant's age, character and behavior and environment, motive, means and consequence of the crime, circumstances after the crime, etc.