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

[criminal power] On March 8, 2016, the Defendant received a summary order of KRW 5 million from the Gangnam Branch Branch of the Chuncheon District Court due to a violation of the Road Traffic Act (driving) and has two same criminal records.

【Criminal Facts】

On September 22, 2019, at around 03:50 on September 22, 2019, the Defendant driven Cho-do in the state of alcohol alcohol concentration of about 0.138% at a section of about 30 km from the front parking lot of Gangnam-si, Seoul, to the point of Pyeongtaek-gun Incheon, Seowon-si, Incheon.

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. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself; the Defendant has been punished twice prior to the instant case; the Defendant also has a history of having been punished twice as a drinking driving; the Defendant is an expressway at the place where the Defendant driven under the influence of alcohol is a place where the Defendant was running under the influence of alcohol and there was a risk of a big accident, such as causing a single traffic accident due to drinking: (a) the Defendant recognized the crime, and the Defendant would not drive under the influence of alcohol again, such as selling the vehicle possessed by the Defendant, etc.; and (b) the Defendant’s age, character and behavior, the circumstances of the crime, and the circumstances after the crime are revealed in the records and arguments of the instant case.