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

[criminal power] On February 8, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Changwon District Court’s branch on February 8, 201, and on October 11, 201, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment with prison labor for the same crime.

【Criminal Facts】

On December 22, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.085% from a 1km section from the road in front of the ditch belt to the front road located in Tong-si B, common city, through through Dong-si on December 22, 2019, while under the influence of alcohol with a blood alcohol concentration of 0.085%.

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. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Application of one copy of criminal history records, written judgments, and summary order, respectively;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) is that the Defendant was punished several times prior to 2011, and has the record of probation. However, the time interval with the instant crime is significant, and the instant crime is not low at the time of the instant crime, but at the time of the instant crime, the Defendant’s error is against his/her own will be determined as indicated in the disposition, taking into account all circumstances into account.