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 30, 2008, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million for a crime of violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on May 30, 2008, and a summary order of KRW 4 million with the same crime at the same court on March 29, 2017.

【Criminal Facts】

On July 17, 2020, the Defendant driven an E QM6 vehicle under the influence of alcohol 0.174% in the section of approximately 4.9km from the front of “B hotel in the East Sea” to “D” in the same city C from the front of “D” to the road.

As a result, the Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification and investigation report (report on the circumstances of a drinking driver) on the results of crackdown on drinking driving (the distance from driving and the point of departure);

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (attached to a summary order issued by A for drunk driving) shall apply;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The drunk driving requires a strict punishment as well as a crime that may cause harm to the life and body of others; the defendant also has the record of being fined twice due to drunk driving; the defendant's blood alcohol concentration was high at the time of the instant case: The defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc. are considered as follows; and the defendant's age, character and behavior, the circumstances after the crime, and various sentencing conditions specified in the records and arguments are considered.