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 February 15, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court on February 15, 2007, and on May 28, 2007, the Defendant received a summary order of KRW 3 million for the same crime, etc.

【Criminal Facts】

Around 00:00 on August 15, 2020, the Defendant driven a DNA car while under the influence of alcohol at approximately 0.042% of alcohol level from the 5km section from the restaurant front to the front road of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the direction of the driver under the direction of the driver under the direction of the driver;

1. Notification of the results of drinking control;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

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 committed the instant crime in spite of the fact that he/she was punished by a fine for drinking driving twice, etc., at the same time, is disadvantageous.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession, mistake, the distance of drinking driving is short, the blood alcohol level is relatively low, and the defendant's age, character and conduct, environment, family relationship, means and consequence of the crime of this case, and circumstances after the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case.