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 March 20, 2019, the Defendant issued a summary order of a fine of KRW 4 million at the Suwon District Court for a violation of the Road Traffic Act (driving) and the records of drinking driving are two times in total.

【Criminal Facts】

At around 01:00 on Jan. 19, 2020, the Defendant driven a vehicle with no blood alcohol content of about 0.096% under the influence of alcohol on the part of approximately 1km from the front side to the front side of the water viewing road, after viewing the water source located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, 241, and then driving a vehicle with no blood alcohol content of about 0.096% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the results of drinking driving control, and the results of respiratory measurement;

1. Previous convictions indicated in judgment: Criminal history records, references (A), investigation reports (verification of suspect's records of drinking driving), and application of summary order-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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures had a record of being punished for drunk driving in 2016 and 2019, the instant drinking driving was conducted at the same time, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, there is no record that the defendant has been punished for the suspension of execution or more for the same kind of crime, and other various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined.