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 June 29, 2006, the Defendant was issued a summary order of KRW 3 million on the grounds of the violation of the Road Traffic Act (driving) in the Daegu District Court racing support.

【Criminal Facts】

On September 25, 2020, at around 22:05 on September 25, 2020, the Defendant driven a Franz (GREUR) car under the influence of alcohol level of about 0.095% from the section of about 500 meters from the place where it is impossible to know the part of the C, not lower than the part of the E, located in the same city D to the front road in the same city.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry report on criminal records, such as notification of the results of drinking driving control;

1. Application of Acts and subordinate statutes to investigation reports (verification of the same or similar type of power of a suspect);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act under Article 62-2 of the Act on Suspension of Execution; (b) the blood alcohol concentration; and (c) the criminal records; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime; and (c) the various sentencing factors