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

[criminal power] On June 10, 2013, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Ulsan District Court on June 10, 201, and KRW 2 million as a fine in the same court on June 24, 2015.

【Criminal Facts】

On September 2, 2020, at around 03:51, the Defendant driven a BM7 car in the state of alcohol with approximately 15 km alcohol concentration of 0.126% from the section of about 15 km from the front of a cafeteria located in the Daegu Suwon-gu Modong to the 57-ro at the inside of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

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 of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that a person may not only his own but also another person's life, and the risk is high.

Although the defendant has been punished twice for the same kind of crime, he/she is driving under the influence of drinking at once, and his/her responsibility is not less than that of the crime.

The blood alcohol concentration is relatively high.

However, the defendant is going against his will not drive under the influence of alcohol again while driving under the influence of alcohol.

There is no history of punishment exceeding a fine.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the method and mode of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered in consideration of the various circumstances shown in the arguments in this case.