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.

On February 9, 2011, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Central District Court, and on July 19, 2012, the Defendant was sentenced to a suspended sentence of one year for four months due to a violation of the Road Traffic Act in the support of the Suwon Friwon, and on August 21, 2014, sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Suwon Friwon, etc.

On August 11, 2020, the Defendant driven an Eststren vehicle under the influence of alcohol concentration of about 9.8km from around 01:06 to around 01:06 to around D on the road near Silung-si B while under the influence of alcohol concentration of about 0.160%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the results of regulating the driving of drinking alcohol and a record of measuring drinking alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history (A), investigation report (the confirmation of the previous history), and judgment;

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 of Article 62-2 of the Criminal Act on community service and order to attend lectures has already been punished by drinking alcohol driving several times, and in 2014, the vehicle has been driven in the state of drinking in spite of the fact that the defendant was sentenced to a punishment due to drinking driving, and there is a high possibility of criticism.

However, considering the interval between the above final drinking driving record and the time prior to the crime, the sentence of sentence to the defendant is somewhat harsh. Considering the favorable circumstances in which the defendant shows the attitude of recognizing and opposing the defendant's wrong, the court shall take into account the circumstances leading up to the driving and detection of the case, the distance of drinking driving and the defendant's age, sex, environment, motive, means and consequence of the crime, and all the sentencing conditions specified in the argument of the case, including the circumstances after the crime, and determine the sentence as ordered.