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

3.

[Criminal Power] On September 15, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court's Support for Incheon District Court.

【Criminal Facts】

On April 4, 2020, at around 03:45, the Defendant driven CMW car with approximately 200 meters alcohol concentration of about 0.144% from the 3rd underground parking lot of Bupyeong-si B apartment in Bupyeong-si to the entrance of the above ground, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the situation of drinking driving, and report on the circumstantial statement of drinking drivers;

1. Previous convictions indicated in judgment: Criminal history records, inquiry report (Attachment of a summary order on the records of sound driving), relevant case list, application of Acts and subordinate statutes of the summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, since the defendant has already been punished as a crime of violation of the Road Traffic Act (limited to a fine) and has committed the same crime at once, it cannot be deemed that his responsibility is light.

However, the sentencing conditions, such as character, age, motive and background of the defendant, circumstances after the crime, blood alcohol concentration, and interval between the previous drinking driving, etc., are comprehensively considered.

It is so decided as per Disposition for the above reasons.