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 January 29, 2009, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 5, 2020, at around 19:10, the Defendant driven D Poter truck under the influence of alcohol with approximately 0.204% of blood alcohol concentration 0.204% at the 3km section from the Do in the vicinity of the U.S. Station 198 to the opposite road of the C High School located in the same Gu as the Do in Gangseo-gu, Seoul.

Accordingly, the Defendant driven a car at least twice while under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement, survey report on the actual condition of his/her oral statement, the results of crackdown on drinking driving (11 pages), the circumstantial statement of his/her drinking driver, and investigation report (report on the circumstances of his/her drinking driver);

1. Previous for judgment: Application of Acts and subordinate statutes to a report on criminal investigation (report accompanied by a copy of summary order), such as making a inquiry into the results of the control of drinking driving (19 pages), making a criminal record

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 sentencing of Article 62-2 of the Criminal Act requires that the danger of drinking alcohol is realized, such as the danger of drinking alcohol driving and the occurrence of actual physical damage, etc.; the higher level of blood alcohol content; the defendant reflects his fault; the defendant has no previous conviction exceeding the fine so far; the spouse and the mother who has taken dementia support; the temporal interval between the previous drunk driving record and the previous drunk driving record, etc. shall be taken into account; and the punishment shall be determined as per the order, taking into account various factors of sentencing, such as the defendant's age, occupation, family relation, personality, etc.