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.

[2] On December 18, 2008, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic laws (drinking) at the Goyang Branch of the Jung-gu District Court on December 18, 2008, and was sentenced to a summary order of KRW 4 million due to the same crime in the same court on November 12, 2010, and was sentenced to a fine of KRW 7 million due to the same crime in the same court on April 5, 2013.

[Criminal facts] On October 24, 2020, the Defendant driven a vehicle E in the condition of alcohol alcohol concentration of about 0.10% in the section of approximately 300 meters from the front of the Priju City, B, to the front of the D and the front of the D, while under the influence of alcohol at about 22:50 meters.

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

Summary of Evidence

1. Application of Acts and subordinate statutes, such as the defendant's legal statement report on the situation of the driver placed in the main oral statement, inquiry about criminal history as a result of crackdown on drinking driving, etc., and a summary order issued by the defendant;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant was sentenced to five times or more due to the crime of drinking alcohol driving, also committed the crime of drinking alcohol driving.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The driving distance is short.

The last punishment of the defendant who committed the crime of drinking driving is before July 2013, and there is no record of punishment exceeding the fine.

This is favorable to the defendant.

In addition to the above circumstances, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, motive and circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.