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 February 2, 2009, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

At around 00:20 on April 5, 2020, the Defendant driven D's low-pollution car under the influence of alcohol concentration of about 0.098% in the section of approximately 8km from the front of the Busan L/C to the front of the same Gu C on the road.

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

Summary of Evidence

1. Investigation report on the accused's legal statement (report on the circumstances of the driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, confirmation of the same kind of power, and application of Acts and subordinate statutes of a summary order;

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 defendant had been punished for drinking driving, he again committed the crime of this case even though he had the record of sentencing under Article 62-2 of the Criminal Act.

On the other hand, considering favorable circumstances, such as the fact that the defendant recognized the crime of this case as well as the fact that the defendant has no record of exceeding the fine, etc., the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.