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

On July 29, 2013, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on July 29, 2013, and KRW 3 million for the same crime at the above court on January 11, 2017.

On November 21, 2020, the Defendant driven an E K7 vehicle from around 1km to the front side of the apartment site through the “D” located in Yasan-si B apartment site from around 0.102% of alcohol level among blood transfusion around 4:27, 2020, and then drive the E K7 vehicle from around 1km to the front side of the apartment site.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking alcohol, report on the circumstances of the driver of drinking alcohol, and investigation report (report on the situation of the driver of drinking alcohol, confirmation of CCTV images, and telephone conversations of the crackdown police officer);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of summary order to the same type of power);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly necessary considering the risk of accidents that may cause the driving of drinking in the current road traffic situation where many unspecified people habitually use, as well as the possibility of occurrence of serious damage therefrom.

The legislative intent of the Road Traffic Act to stipulate the statutory penalty for driving under drinking two or more times under the Road Traffic Act is to reflect such legislative intent in prescribing a fine of not less than 10,000 won, but not more than 20,000 won.

Although the Defendant had already been punished twice due to drinking driving, it is highly likely to criticize the Defendant in that he has been forced to drive drinking in a state of drinking.

However, the defendant commits a crime.