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

On July 10, 2017, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

On August 8, 2020, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately KRW 0.212% of blood alcohol concentration at the 7km section in front of the high-speed intersection of the same Si, Geumcheon-dong from the front of the Jininininindo, Sam-dong, Samcheon-dong, Samcheon-si, Seoul, to the front of the same Kucheon-do, Geumcheon-do.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

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 sentencing period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.