2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

[Criminal Power] On October 27, 2015, the Defendant was notified of a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) in the Suwon District Court Ansan Branch on October 27, 2015.

【Criminal Facts】

On April 22, 2020, at around 23:00, the Defendant again driven a D G80 car under the influence of alcohol concentration of about 0.119% from the 1km section of approximately 1km to the 63rd East-si Road from the day before the Cmat (Trisan) located in Gyeyang-gu Incheon Gyeyang-gu, Incheon at around 23:10 on the same day, and again violated Article 44(1) of the Road Traffic Act by driving the DG80 car at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on traffic accident, report on the control results of drinking driving, and circumstantial statement of drinking drivers;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Attachment to a summary order, etc. related to driving under the influence of a suspect), list of relevant cases, application of summary order-related 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2015, he/she committed the same crime at once, so his/her responsibility cannot be deemed to be less than that of the defendant.

However, the sentencing conditions, such as character, age, motive and background of the defendant, circumstances after the crime, blood alcohol concentration, and interval between the previous drinking driving, etc., are comprehensively considered.

It is so decided as per Disposition for the above reasons.