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

【Criminal Records of Crimes】 On May 29, 2015, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking) at the Jeonju District Court.

【Criminal facts】 Around June 27, 2020, the Defendant driven a DNA car under the influence of alcohol with approximately 0.196% alcohol concentration from around 1km-gu, Seoul Special Metropolitan City on June 27, 2020 to the front road of Taejin-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report-related Act and subordinate statutes;

1. Articles 148-2 subparag. 1 and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2 subparag. 1 and 44(1) of the same Act concerning criminal facts, and the selection of imprisonment with prison labor

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing elements of the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the pleadings shall be determined as ordered by taking into account the following factors:

The factors of favorable sentencing: The fact that the defendant acknowledges his mistake and reflects his mistake, there is no record of criminal punishment exceeding the fine, and the fact that the most recent criminal conviction was six years prior to the same kind of punishment.

E. Unfavorable sentencing factors: The high alcohol concentration during blood, the fact that the person causes a traffic accident while driving alcohol (physical damage) and the fact that two times before the same kind of punishment (each fine).