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 January 11, 2012, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (Refusal of Drinking Measures) from the Suwon District Court.

【Criminal Facts】

Although the Defendant had had the record of being punished for refusing to measure the alcohol level of police officials as above, at around 00:40 on August 8, 2020, at C parking lot located in Kimpo-si B, Kimpo-si, Kimpo-si, the Defendant driven a dlearning car with approximately one meter in the state of alcohol level of 0.085%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records as stated in the ruling, such as a circumstantial statement of a drinking driver, or notification of the results of the control of drinking driving: Application of criminal records, return on inquiry (A), investigation report (Attachment to a summary order of the same kind of power), and summary order statutes;

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, even though the Defendant was punished as a crime of violation of the Road Traffic Act (hereinafter referred to as a "Monk Driving") or a crime of violation of the Road Traffic Act (hereinafter referred to as a "Monk Driving") around 2001 and around 2012, the Defendant again committed the same crime at once, and thus, his liability cannot be deemed to be minor.

(A) The defendant is aware of the fact of drunk driving by a police officer who was sent to the scene of a parked vehicle. However, considering the following factors: the defendant's character and behavior, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration, and time interval between the previous drunk driving, the sentence like the order shall be determined by comprehensively taking into account the following factors:

more.