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

On October 1, 2010, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

At around 00:40 on May 10, 2020, the Defendant driven a car in the state of 0.184% alcohol concentration at approximately 10km from the front of the restaurant in which the trade name in the Seocho-gu Seoul Metropolitan Government is unknown to the point of approximately 15.2km from the 10km section of the Ginam-si Seoul Highway located in the Ginam-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

(a) Unfavorable conditions: The fact that the instant crime was committed again despite having been punished twice due to drunk driving, including the previous convictions in both judgment, and that the blood alcohol concentration was very high, and that the occurrence of a large traffic accident caused by the driving on an expressway has occurred;

(b) favorable conditions: The fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no penalty power exceeding the fine due to drinking driving, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act.