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 October 29, 2015, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On October 21, 2020, around 00:09, the Defendant driven a F K 3 car under the influence of alcohol level of 0.097% from the 3km section from the front of the “C” restaurant in 00:09 to the front of the “E” road in 1,000.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the crackdown on drinking practice;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Criminal records as indicated in the judgment: Application of an inquiry report on criminal records, etc., an investigation report, and a summary order Acts and subordinate statutes;

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. Although the defendant's reasons for sentencing under Article 62-2 of the Criminal Act such as probation, community service order, and order to attend a lecture are recognized and against the crime of this case, the social harm caused by drunk driving is very serious and thus, it is necessary to strictly punish the defendant. Even though the defendant was sentenced to a fine for the violation of the Road Traffic Act in 2015, the defendant's responsibility cannot be deemed to be weak in that he/she re-offending the crime.

In addition, considering the circumstances leading up to the driving of the instant case, the blood alcohol concentration (0.097%) and driving distance of the instant case, the circumstance leading up to the detection of the crime of drinking driving of the instant case, the Defendant’s age, character and conduct, occupation, criminal records, and the interval between the previous crimes and the sentencing factors of all similar cases as shown in the argument of the instant case, the sentence against the Defendant shall be determined comprehensively.