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

On August 5, 2010, the defendant was sentenced to a summary order of a fine of KRW 2 million by the Incheon District Court for a violation of the Road Traffic Act.

On April 14, 2020, at around 22:20, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.105% of blood alcohol concentration in the section of about 8km from the section of 0.105 meters of the 8km-gu Seoul Metropolitan Government, from the front side of the Seongbuk-gu Intersection 1 to the outside side of the Yongsan-gu Seoul Metropolitan City, from the north side of the 324-10 road to the river of the Gangseo-gu, Yongsan-gu.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the report on detection of the driver, the circumstantial records of the driver, the criminal records, and the investigation reports (Attachment of criminal records of the suspect) to the accused;

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. Although the Defendant had had the record of being punished for drinking prior to the reason for sentencing under Article 62-2 of the Criminal Act, the instant drinking driving was conducted at the same time, and the instant accident was also caused by drinking driving.

The defendant's statement that he had been driving to another person after the accident occurred is asked to do so, and there is no good condition after drinking.

On the other hand, the previous drinking driving force is prior to about 10 years, and the defendant is expected not to repeat the same mistake, etc., which are favorable to the defendant, such as the circumstances that are favorable to the defendant, such as the drinking alcohol of this case and the distance from driving of this case, the age and character of the defendant, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, etc., and the punishment as ordered shall be determined by taking full account of various circumstances that are favorable to the defendant