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

On April 8, 2013, the Defendant was issued, respectively, a summary order of KRW 5 million by the Daegu District Court as a crime of violation of the Road Traffic Act (Refusal of measurement), and a fine of KRW 4 million by the same court on October 19, 2015, respectively.

On July 13, 2020, at around 02:00, the Defendant driven a DNA car with a blood alcohol concentration of about 0.154% in the 1km section from around 1km to around 100, 100, in front of the Gyeongsan-si Park, Gyeong-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. Photographs;

1. Application of the Act and subordinate statutes to the inquiry report and investigation report (Attachment to the same attached power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 reasons for sentencing under Article 62-2 of the Criminal Act, including probation and order to attend the course of the trial of this case, shall be determined as the same as the order, taking into account the following factors: (a) the defendant’s error in the grounds for sentencing under Article 62-2 of the Criminal Act does not be mitigated; (b) traffic accidents have occurred; (c) disadvantageous circumstances, such as the occurrence of traffic accidents; (d) the defendant’s main taking-off is against the defendant; and