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

On June 3, 2009, the Defendant violated road traffic law (drinking driving) in the Daejeon District Court's branch on June 3, 2009 and received a summary order of KRW 2 million on the same kind of power more than once.

On November 20, 2020, the Defendant driven D's car at approximately 20 km away from around 16:00 to around the Daejeon Seo-gu, Seo-gu, Daejeon, with alcohol concentration of 0.142%.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, report on internal investigation (control report), report on the situation of the driver in charge, inquiry of criminal records, such as notification of the result of crackdown on drinking driving, report on the result of his/her previous criminal records, and report on the result of his/her previous criminal records (limited to summary order No. 5218, No. 5218,

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances disadvantageous to the defendant: The Road Traffic Act provides that imprisonment with prison labor for a person who drives a vehicle under drinking on at least two occasions shall be punished by imprisonment with prison labor for not less than two years but not more than five years (one year but not more than two years and not more than six months, even if the sentence is mitigated);

The defendant has twice the record of the crime committed by drinking, as stated in the ruling, which is punished by a fine.

Circumstances favorable to the defendant: There is no record of crime subject to punishment heavier than the suspension of imprisonment.

The history of the same crime is old.

The crime of this case is recognized and reflected.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as the same as the order.