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

On April 23, 2010, the Defendant received a summary order of KRW 3,500,000 from the Jung-gu District Court on the charge of violation of the Road Traffic Act.

On September 2, 2020, around 01:07, the Defendant driven a car with 220% EbenK in the state of alcohol 0.212% of blood alcohol concentration from around 17 km to the front road of Namyang-si, Seoul Metropolitan City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Application of Acts and subordinate statutes of one copy of a report on criminal records, etc., investigation report (verification of the same kind of power), and 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Although the Defendant had been punished for a violation of the Road Traffic Act (driving) around 2010, the Defendant committed the instant crime at the same time, and the blood alcohol concentration of the Defendant at the time of the instant case reaches 0.212%.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.