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 September 17, 2008, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seo-gu District Court's Busan District Court's Busan District Court's branch on September 17, 2008, and a summary order of KRW 4 million for a violation of the Road Traffic Act at the Daegu District Court's Daegu District Court's Daegu District Court on October 31, 2008.

【Criminal Facts】

On May 2, 2020, at around 16:15, the Defendant driven D rocketing car with approximately 400 meters alcohol concentration 0.190% under the influence of alcohol at the section of about 400 meters from the west-gu B hotel to the front of Daegu Seo-gu.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. An accident site photograph;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and investigation conditions (verification of sound driving records) Acts and subordinate statutes;

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 requires a strict punishment against the defendant in light of the fact that the defendant had been punished twice due to drinking driving, and the defendant's blood alcohol concentration at the time of the instant case is very high to 0.190%, and that the defendant caused an accident involving the housing gate on the road while driving under drinking.

However, the fact that the defendant has been aware of the fact of crime, and the fact that the defendant has no record of criminal punishment other than the fine for the same kind of crime, such as the statement of the criminal records in the judgment, is favorable to the defendant.