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

On March 24, 2020, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the district court of justice on March 24, 2020.

Nevertheless, on August 6, 2020, the Defendant driven a Fland Kanba under the influence of alcohol with approximately 1.5 km from around 05:53m alcohol level 0.142% from around 1.5m to the front road located in D in the same city city, 05:53 on August 6, 2020.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the circumstantial report made by a driver driving a drinking driver and the results of regulating drinking;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime under the influence of alcohol concentration of 0.142% in only five months, even though he/she had been punished for driving under drinking even before the reason for sentencing Article 62-2 of the Criminal Act.

In the process of driving alcohol of this case, contact accidents occurred.

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.