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

[criminal history] On July 11, 2013, the Defendant was issued a summary order of KRW 3 million at the Busan District Court as a crime of violating the Road Traffic Act.

[2] On October 9, 2020, the Defendant driven a B-learning car under the influence of alcohol level of 0.202% from the front of the restaurant in which the trade name of the Dong is unknown as the mother of the Seo-gu Busan Metropolitan City on October 9, 2020 to the road prior to about 200 meters prior to the entrance of the common road in the same white-sea tunnel charge, and driving a B-learning car under the influence of alcohol level of 0.202%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The accused's statutory statement, inquiry into the results of regulating driving of drinking alcohol, and investigation report (the state report on the driver's driver);

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and application of Acts and subordinate statutes to investigation reports (verification of suspect's history of driving alcohol);

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though the Defendant had had been punished for drinking driving, the Defendant committed the instant crime again, and the Defendant’s blood alcohol concentration was very high at the time, and the Defendant caused a traffic accident that shocks the structure on the road due to drinking driving.

On the other hand, considering favorable circumstances, such as the fact that the defendant recognized the crime of this case, the fact that the defendant has committed the crime of this case, and the fact that the defendant has no record of exceeding the fine, etc., the punishment as ordered shall be determined by taking into account various circumstances shown in the arguments, such as the defendant's age, sex, environment, motive and circumstance of the crime