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 August 14, 2008, the Defendant was issued a summary order of KRW 1 million with the same offense as a violation of the Road Traffic Act at the Seo-gu District Court’s Busan District Court’s Branch Branch on August 14, 2008, KRW 3 million with the same offense, etc. at the Daegu District Court on June 3, 2009, and KRW 4 million with the same offense at the Daejeon District Court on September 28, 2012.

【Criminal Facts】

On September 13, 2020, at around 03:15, the Defendant driven a DNA string vehicle with a blood alcohol concentration of about 0.135% in the section of about 50 meters from the middle-gu, Daegu to the road of CB lending.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report on confirmation of the same kind of suspect records)-related Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

The defendant, even though he had a history of punishment for a drinking driving on a multiple occasions, has been significantly strengthened the control standards and statutory penalty after the implementation of the current Road Traffic Act.

The defendant's blood alcohol concentration level is 0.135% higher than the revocation standard.