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

On June 18, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu, 2007.

Nevertheless, at around 21:50 on July 6, 2020, the Defendant driven a E-Ad vehicle while under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.155% in a section of approximately 400 meters from the front of the Namyang-si, Chungcheongnam-si to the front of the D High School located in the same city C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the status of driving under drinking, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (the confirmation of the same criminal records);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case even though he had the same criminal record, the defendant's blood alcohol concentration was considerably high, the defendant's age, character and conduct and environment, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into consideration the conditions of sentencing as shown in the arguments of this case, such as