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

[criminal power] On July 28, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and a summary order of KRW 5 million as a fine in the same court on October 6, 2015.

【Criminal Facts】

On May 21, 2020, at around 06:49, the Defendant moved to drive a car in the state of alcohol of about 0.171% of blood alcohol concentration from the 6km section from May 21, 202 to the 6km B apartment in Busan Northern-gu.

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

Summary of Evidence

1. The defendant's legal statement, his/her oral statement, his/her investigation report, investigation report (report on the situation of his/her drinking drivers), and inquiry into the results of the crackdown on drinking driving;

1. A written appraisal;

1. Records of judgment: Application of the inquiry report and the summary order Acts and subordinate statutes of two copies;

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. In light of the fact that the defendant was punished for the violation of the Road Traffic Act even though he had the record of sentencing under Article 62-2 of the Criminal Act, it is necessary to strictly punish the defendant for the crime of this case.

However, the defendant shows an attitude of reflectivity while intending not to repeat the crime of this case. The crime of this case shows the attitude of reflectivity while driving so-called the so-called night-driving that the crime of this case remains after the so-called night-driving, and there are circumstances that can be considered in light of the circumstance that the defendant's health is controlled in drinking, and the recent state of the defendant's health seems not good, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc., after considering the following conditions of sentencing.