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 May 18, 2016, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu, 2016.

【Criminal Facts】

On August 10, 2019, the Defendant driven a B-hand vehicle under the influence of alcohol with approximately KRW 0.170% alcohol concentration in approximately 7 km from the front of the so-called Yancheon-gun, Gyeonggi-do, Seoul Special Metropolitan City, to the peace of about 1230 through the peace of Dongcheon-gu, Gyeonggi-do, Seoul Special Metropolitan City.

Accordingly, the defendant violated 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 circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the instant crime even though he was punished for drinking under the influence of alcohol in 2016, the same criminal record of the defendant was committed, and the same criminal record of the defendant was relatively recent, the defendant's blood alcohol concentration, the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the pleadings of the instant case, such as circumstances after the crime, etc.