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

On July 25, 2013, the Defendant was issued a summary order of KRW 4 million by the Changwon District Court due to a violation of the Road Traffic Act.

On January 13, 2020, at around 23:25, the Defendant driven a Bsch-ton car under the influence of alcohol concentration of about 8km from the road near the public parking lot located in the Seocho-gu Seoul Metropolitan City, Changwon-gu to the roads adjacent to the same Gu Sungdong MasanIC, the Defendant was under the influence of alcohol concentration of about 0.176%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents (1), and (2);

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification, etc. of the same kind of suspect), summary orders, and the application of Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (2004, 2013) due to drunk driving, even though he was punished by a fine.

Even though a motor vehicle stopped on a crosswalk while driving a motor vehicle, it is eventually impossible to drive a motor vehicle due to drinking.

The blood alcohol concentration of 0.176% and the drinking value is reasonable.

However, the damage caused by a traffic accident is minor.

There are no criminal records other than the above criminal records.

The age, character and conduct, environment, and environment of the defendant.