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

On March 20, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court. On August 21, 2017, the Seoul Northern District Court issued a summary order of five million won for a violation of the Road Traffic Act (driving).

On April 11, 2020, at around 17:10, the Defendant driven a e-sports car under the influence of alcohol content of 0.052% from the Do in front of the Guri-si B market to the front road of Guri-si C, about approximately 200 meters.

As a result, the Defendant, who violated the prohibition of drinking driving twice, driven a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The accused has been punished three times for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.052%.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.