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

[criminal power] On July 22, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court, and KRW 4 million with a fine of KRW 1 million for the same crime from the Changwon District Court's Jinju Branch on October 17, 2016, respectively.

【Criminal Facts】

On September 4, 2019, at around 16:40, the Defendant driven an Epoter truck under the influence of alcohol content of about 2 km from the road in front of the dwelling of the Defendant in the Cheongnam-gun, Busan-gun via C village night tree C, to D, with approximately 0.251% alcohol concentration.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes of the same kind as the suspect;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's blood alcohol concentration, the distance of driving, the circumstances leading to driving, the defendant's status at the time of driving, the previous records of punishment of the defendant, and the various conditions of sentencing as shown in the argument of this case, and the punishment as ordered shall be determined in full view of the following: