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

3.

On May 1, 2009, the Defendant received a summary order of a fine of three million won or more due to a violation of road traffic law (drinking) in the support of the Chungcheong District Court.

On July 1, 2020, the Defendant driven an EM3 car at a section of about 300 meters from the Daejeon Seo-gu parking lot to D in front of Seo-gu, Daejeon, while under the influence of alcohol level of 0.10% among blood transfusion around 23:05.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on investigation;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry into foreign criminal history, investigation report (report on the same criminal record and confirmation of the suspect), application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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 of Article 62-2 of the Criminal Act on the ground of the sentencing of the Defendant’s blood alcohol concentration at the time of the instant crime was relatively high by 0.10%, and the Defendant’s walk at the time of enforcement was considerably high and inaccurate, and the degree of the principal practice was also reasonable.

Nevertheless, since the defendant has greatly increased the risk of traffic accident by driving a motor vehicle, the illegality of the crime is serious.

In addition, the defendant committed the crime of this case again even though he had been punished for drinking driving like the criminal facts in the past, and there is a high possibility of criticism.

However, in light of the favorable circumstances, such as the fact that the Defendant recognized the instant crime and reflected, and the fact that the Defendant has no record of punishment exceeding the previous fine, etc., the sentencing conditions specified in the records and arguments of the instant case, including the Defendant’s age, health status, sex, family environment, motive, means and consequence of the instant crime, etc.