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

[criminal history] On November 20, 2006, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of road traffic law at the Seoul Southern District Court on November 20, 2006, and a fine of KRW 3 million as a fine for a violation of road traffic law at the Suwon District Court on January 30, 2013. On May 1, 2018, the Defendant was sentenced to a fine of KRW 8 million as the same crime.

[2] On November 1, 2020, the Defendant driven an EN city G80 vehicle under the influence of alcohol leveling to approximately 0.079% of alcohol level in the section of approximately 1km from the front of the restaurant in C cafeteria B to the front of the building in the same city (D) around 21:43, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), notification and output of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, committed a second offense, despite the past record of criminal punishment due to drinking driving three times. In light of the drinking volume, reported content, on-site photographs, etc. at the time, the risk of the occurrence

Since punishment and repeated crimes of the same kind are repeated, there seems to be lack of compliance spirit and safety awareness about traffic laws and regulations, and due to that, it was possible to cause harm to human life and property to the brue citizens, so the crime is not good and the imprisonment is selected.

However, there is a previous conviction which exceeds a fine even after the defendant is led to confession and reflect.