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 December 3, 2015, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving).

【Criminal Facts】

On April 16, 2020, at around 06:40, the Defendant driven a FM car in a drunken state with a blood alcohol concentration exceeding 0.08% from the front line of the C cafeteria located in Seo-gu Daejeon to the front line of the EM located in the same Gu D from approximately 10km to the front line of the EM located in the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

Summary of Evidence

1. For the accused's legal statement, report on the results of the drinking driving control, investigation report (in relation to the blood alcohol concentration of the accused), photographs as a result of the suspect's drinking measurement, photographs taken by CCTV images for crime prevention, images of vehicles for crime on roads, and previous records on the judgment in the scene of the accident: Criminal history records, etc., and reports on the results of the confirmation of the disposal unused and the results thereof shall be applied to the Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, 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 the sentence is mitigated).

The defendant has been punished by a fine in 2015, such as drinking driving, etc., as stated in the criminal records.