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

On July 29, 2015, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court due to a crime of violation of the Road Traffic Act.

Although the Defendant violated the prohibition of drinking driving regulations as above, on December 19, 2019, at around 19:40, the Defendant again driven a DSS6 vehicle while under the influence of alcohol of about 0.174% of alcohol content at approximately 3km from the Do in front of the 141 Oral Sinsan Sinsan Sinsi, as the sex head of Osan Sinsan Sinsi, to the B apartment C-dong underground parking lot of Osan City.

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

Summary of Evidence

1. Report on the defendant's oral appearance in court;

1. The circumstantial statement statement report and the inquiry request for appraisal of an employee;

1. Records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a copy 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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but the amount of blood alcohol concentration due to drinking of this case is higher.

Defendant has been punished for being exposed to drunk driving, etc. on three occasions.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) the two times during the influence of drinking driving of the defendant has passed since the date of the crime in this case; and (c) the defendant has no record of punishment more than a suspended sentence; and (d) the defendant has no record of punishment yet, and