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

On July 21, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (refluence of drinking), at the Seoul Central District Court.

On December 21, 2020, around 21:50 on December 21, 2020, the Defendant driven a car with about 5 km Cenz 300 km while under the influence of alcohol level of 0.158% from the street near the street in Gangnam-gu Seoul, Seoul, to the front of the Gu B.

Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the situation of the driver in charge);

1. Previous convictions: Application of written inquiries about criminal history and Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant drives drinking again even though he had a relatively recent history of punishment for refusal of drinking alcohol measurement, the defendant's blood alcohol concentration high, driving distance, the defendant's recognition of facts charged, the fact that there is no record of criminal punishment exceeding a fine, and the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered in consideration of the sentencing conditions stated in the arguments of this case.