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

On July 25, 2014, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.

around 04:00 on June 11, 2020, the Defendant driven a D cerma car while under the influence of alcohol content of about 0.088% at a section of about 33 km in Seoul, Yangyang Expressway, Seoul, at a point of approximately 124.4 km in Seoul, Yangyang Expressway, which is located in Gangwon-si B, Seoul.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report;

1. Report on circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving (Evidence records 14 pages);

1. Records of judgment: Criminal history records, reply reports, and the application of Acts and subordinate statutes of the judgment;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

Although the Defendant had had a history of being punished for being exposed to drinking driving on five occasions, etc., the possibility of criticism is significant in that he/she again committed the instant crime.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, four times during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and other various circumstances, such as the age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime of this case, which are the conditions of sentencing as shown in the records, such as the circumstances after the crime, etc., the punishment as ordered shall be determined.