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

On July 9, 2012, the Defendant issued a summary order of one million won or more as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on July 9, 2012, and issued a summary order of three million won or more as a fine for the same crime in the same support on February 15, 2019.

Nevertheless, at around 22:00 on April 21, 2020, the Defendant driven a motor vehicle with low alcohol level of about 3km from the section of about 0.115% of blood alcohol level from the section of about 3km from the front of the apartment house B in the Nowon-gu, Seoul Metropolitan City to the 893-dong-ro, Nakdongdong-ro, the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving 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 grounds for sentencing under Article 62-2 of the Criminal Act for probation, community service order, and order to attend a lecture are recognized to be erroneous by the defendant. When committing the instant crime, all of the sentencing conditions shown in the records and arguments of the instant case, including the defendant's blood alcohol concentration, driving distance, circumstances leading to the defendant's driving at the time of driving, the status of the defendant at the time of driving, and the criminal records