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 January 16, 2009, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 4 million by a fine of KRW 2.5 million by a violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court on February 26, 2009.

【Criminal Facts】

On November 13, 2019, at around 16:50, the Defendant driven a e-car while under the influence of alcohol concentration of about 0.238% at a section of about 10 meters from the Do in front of Osan City to the roads in front of the D convenience point in Osan 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: Criminal records, investigation reports (Attachment of previous records and a copy of summary order), and application of statutes governing summary order;

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 Defendant, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, had been punished once a suspended sentence due to drunk driving, and re-driving a motor vehicle.

The blood alcohol concentration of this case is very high, and traffic accidents occurred.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime and reflects the above suspended sentence, that there is no criminal record in 2004, that there is no criminal record in 2009, that only minor physical damage was caused by traffic accident, that the damage was recovered, and that the driving distance was short, the sentence of the defendant's imprisonment is harsh.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.