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 May 21, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 17, 2020, at around 02:48, the Defendant driven CM5 car with approximately 20 meters alcohol level 0.137% under the influence of alcohol level from the 20-meter section to the front road of the apartment entrance to the above apartment entrance.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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 Defendant committed the instant crime even though he/she had the record of being punished for the violation of the Road Traffic Act.

The defendant's blood alcohol concentration is not lower than that of the defendant, and the defendant was driving in the state of drinking and causing an accident to contact the vehicle.

However, it shall be considered that the distance of the defendant's vehicle is relatively not long and that the accident seems minor.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, family environment, circumstances after the crime, and circumstances after the crime.