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 June 3, 2015, the Defendant was issued a summary order of KRW 5 million by the Busan District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 21, 2020, at around 17:53, the Defendant driven a F-hurd-purn vehicle from the front of C, located in Busan Sho-gu, to the front of a restaurant located in D, Busan, with a level of about 90 meters alcohol concentration of about 0.196% under the influence of alcohol at around 0.196%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect A drinking driving);

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 under Article 62-2 of the Social Service Order Criminal Act is that the Defendant has a high possibility of criticism by driving again under the influence of alcohol although he/she was punished for a drunk driving.

At the time of driving, blood alcohol concentration is very high.

The defendant recognizes his own crime.

The defendant has no power to be punished heavier than a fine.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.