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

[Criminal Power] On June 3, 2014, the Defendant was issued a summary order of KRW 3 million at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

around 00:05 on May 9, 2020, the Defendant driven an E 5-car while under the influence of alcohol with approximately 0.131% of alcohol level 0.131% in the section from May 9, 202 to “D” located in the same Gu from Suwon-gu, Busan to “D” in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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. 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, even though the Defendant had been punished for drinking driving, re-offending again, and the fact that drinking water was not lower at the time of the instant case is disadvantageous to the Defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's misjudgments that the defendant would not repeat the crime; the defendant has no record of criminal punishment other than the previous conviction in the judgment; the defendant's age, character and conduct, environment, motive or circumstance of the crime; the means and method of the crime; the method and method of the crime; and the circumstances after the crime.