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

【Criminal Records of Crimes】 On December 18, 2003, the Defendant received a summary order of KRW 700,000,000 from the Incheon District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million by the same court on September 27, 2013 to a crime of violating the Road Traffic Act.

【Criminal facts】 On February 11, 2020, the Defendant driven B 5 automobiles while under the influence of alcohol level of about 0.112% from the 7km section of around 599m, Nam-gu, Incheon, Nam-gu, Incheon, under the influence of alcohol level of around 0.12%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 of the Criminal Act for mitigation of small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. as shown in the instant pleadings, under the following circumstances:

Unfavorable circumstances: The Defendant, even though he was punished for driving under drinking two times, was driving again under the influence of drinking.

In the measured blood, the alcohol concentration is high.

The favorable circumstances: The same crime is committed before seven years, and one of them is before 17 years.