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

On June 4, 2009, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

At around 04:30 on August 17, 2020, the Defendant driven DK5 car while under the influence of alcohol with approximately 0.153% alcohol concentration at the 20km section from the neighboring Do to the front road of Mapo-gu Seoul, Mapo-gu.

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

Summary of Evidence

1. The application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, inquiry into criminal records, investigation report (Attachment to a summary order for sound driving), and summary order;

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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he was punished for drinking driving once, was also driving under the influence of drinking.

On the other hand, this case's drinking driving did not cause a traffic accident, and the driving force of the above drinking driving is fully subject to criminal punishment.

In addition, the defendant again does not drive under the influence of alcohol.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the arguments.