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

1. On April 2, 2007, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on March 2, 2012, a summary order of KRW 1.5 million from the Seoul Central District Court to the same crime was issued respectively.

2. On February 1, 2020, the Defendant, while under the influence of alcohol around 04:18, driving CMW car at a section of about 10 meters from the roads behind the Yeonsu-gu Incheon Metropolitan City B apartment at approximately 0.095% of alcohol level.

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

Summary of Evidence

1. The defendant's legal statement; 1. The inquiry into the records of the regulation of drinking driving, the circumstantial statement of the drinking driver, and the investigation report (the circumstantial report of the drinking driver);

1. Previous convictions in judgment: Criminal records, reply reports, and application of Acts and subordinate statutes concerning investigation status;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant, even though he/she was punished by a fine twice after he/she committed the same kind of crime, was driving in the state of drinking alcohol concentration of 0.095% at the same time, his/her responsibility for such crime is not easy.

Considering the social harm of drinking driving and the purpose of the revision of the Road Traffic Act, it is necessary to strictly punish it.

In addition to the previous judgment, there is a history of punishment for driving without a license.

A favorable normal situation: The defendant seems to have recognized a crime and reflect it.

The driving distance is relatively short.

The order and all of the sentencing conditions stated in the records of this case, including the defendant's age, character and behavior, environment, motive, means and result of the crime, etc., arising from the above circumstances.