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 September 2, 2014, the Defendant received a summary order of a fine of KRW 4 million from the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

On February 15, 2020, at around 22:10, the Defendant driven a e-car with a distance of about 30 meters from the bottom of the fence of the C kindergarten located in Suwon-gu, Busan to the frontway of the Busan Suwon-gu D, while under the influence of alcohol concentration of about 0.131%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the previous conviction in the judgment of the Defendant, re-offending the record of punishment for drunk driving, including the previous conviction in the judgment of the Defendant. The criminal liability of the Defendant is not less than that of the Defendant in that the instant case did not lower drinking level at the time, and that there was an accident that causes the shock of other vehicles stopped during drunk driving.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's misjudgments that the defendant would not repeat the crime; the defendant has no record of criminal punishment exceeding the fine; the defendant's distance of drinking driving is shorter; the defendant's age, character and conduct, environment; motive or circumstance of the crime; the means and method of the crime; the details and result of the crime; and the circumstances after the crime.