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 8, 2013, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million by the Suwon District Court for the same crime on March 16, 2016, respectively.

【Criminal Facts】

On July 10, 2019, around 23:16, the Defendant violated the duty of prohibition of drinking driving by driving the ENAS vehicle at a level of about 200 meters with blood alcohol concentration of about 0.161% in the front of the same city, from the front of the city C, which is located in the Gu Government-si B, to the front of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspect A's previous records and confirmation);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime even if he/she had been sentenced to punishment for drinking driving in 2013 and 2016; (b) the Defendant’s blood alcohol concentration; and (c) the Defendant has no criminal record exceeding a fine; and (d) the Defendant’s age, character, conduct and environment; (b) the motive, means and consequence of the instant crime; and (c) the conditions for sentencing specified in the pleadings of the instant case, including the circumstances after the crime