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

On January 30, 2012, the Defendant was issued a summary order of KRW 2 million by the Daegu District Court as a crime of violation of the Road Traffic Act, and a fine of KRW 2.5 million by the same court on May 20, 2016, respectively.

On May 3, 2020, at around 19:25, the Defendant driven a motor bicycle under the influence of approximately 100 meters of blood alcohol concentration of about 0.207% from the section of approximately 100 meters from the front of the apartment site B in Busan City to the front road in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, sentences and photographs, reports on the results of the regulation of drinking driving, reports on the situation of drinking drivers, and written appraisers;

1. Records of seizure and the list of seizure;

1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (the same criminal records and confirmation);

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 sentencing grounds of Article 62-2 of the Criminal Act, including the fact that the defendant's error of the reason for sentencing or attending the course of probation or attending the course of education is not mitigated, and is disadvantageous to the disadvantage of the defendant, such as the fact that the defendant is against himself, other favorable circumstances such as the defendant's age, character and conduct, environment, means and result of the crime, etc., shall be determined as ordered by taking comprehensive account of the various sentencing conditions