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

On September 8, 2006, the Defendant was sentenced to a summary order of 5 million won by a fine for a violation of the Road Traffic Act (refluence of measurement), etc. by the Suwon District Court on September 14, 2007, by the same court on September 14, 2007, and a fine of 2 million won by a violation of the Road Traffic Act (refluence). On December 27, 2007, the same court was sentenced to a summary order of 6 months and 2 years of suspension of execution. On August 1, 2011, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (refluence of noise) at Ansan District Court's Ansan Branch on August 1, 201.

On March 25, 2020, at around 04:20, the Defendant driven an Ethical car with a blood alcohol concentration of about 0.049% in the 3km section from the front side of the Cmatet located in Masung City B to the front side of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and 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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been punished once a suspended sentence due to drinking driving, etc., but again driven a motor vehicle again, and the occurrence of a traffic accident also occurred.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the blood alcohol concentration is low, the previous conviction in 2007, and there is no other criminal punishment except one prior conviction in 2011 due to drinking driving, the physical damage occurred due to a traffic accident, the damage was recovered, and the family members want to take the wife.