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

On October 8, 2015, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Eastern District Court, and a summary order of KRW 4 million for the same crime at the Jung-gu District Court Goyang Branch on July 27, 2018.

On July 9, 2020, at around 02:20, the Defendant driven a quart mountain vehicle under the influence of alcohol with approximately 12 km section 0.170% of alcohol level 0.170%, from the roads near Yongsan-gu, Seoyang-gu, Soyang-si to the front roads located in Soyang-gu, Soyang-si C at around 02:51 on the same day.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection reports on the occurrence of the case, reports on the circumstantial statements of the drinking driver, photographs at the site of notification of the control of drinking driving, and photographs of CCTV images;

1. Records of drinking driving under the judgment: Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes to investigation reports;

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 Road Traffic Act amended on December 24, 2018, as of December 24, 2018, upon the demand that the punishment for the latest drunk driving should be strengthened for the reason of sentencing under Article 62-2 of the Criminal Act, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if discretionary mitigation is conducted).

Although the Defendant had already been punished for drinking driving two times, and again, he was driving under the influence of this case, and the blood alcohol concentration is very high to 0.170%, so serious punishment is required.

However, the fact that the defendant has recognized his mistake and divided, that there is no other force than the above drinking driving force, and that he again does not drive under the influence of alcohol.