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 January 31, 2008, the Defendant received a summary order of KRW 500,000 from the Seoul Western District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act (driving). On December 10, 2009, the Defendant received a summary order of KRW 2,50,000 from the Seoul Central District Court to a fine of KRW 2,50,000 for a violation of the Road Traffic Act. On October 27, 2015, the Defendant was sentenced to a fine of KRW 6,00,00 for a violation of the Road Traffic Act (driving) from the Jungyang Branch District Court.

【Criminal Facts】

On February 13, 2020, the Defendant was under the influence of 0.102% of blood alcohol concentration on February 13, 2020, and was driving a DNA rocketing car from approximately 400 meters to the roads near the Seoul Eunpyeong-gu Seoul Metropolitan City B market to the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. Application of each of the Acts and subordinate statutes to one copy of the judgment on criminal records, etc. inquiry reports, investigation reports (verification of past records, such as sound driving), summary orders, and written judgments; and

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 reasons for sentencing under Article 62-2 of the Criminal Act include the following circumstances: (a) the Defendant was punished by a fine due to drunk driving at the time of three times; (b) the Defendant committed the crime of drinking alcohol driving at the time of three times; and (c) the occurrence of traffic accidents due to the crime of drinking driving at the time of this case, which are favorable to the Defendant; (d) the degree and distance of the drinking alcohol level of the instant case; and (e) the Defendant’s age, character and behavior, environment, motive and consequence of the crime; and (e) various circumstances, which are conditions for sentencing as shown in the oral argument