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 May 1, 2017, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 14:30 on July 19, 2020, the Defendant driven D Laun vehicle under the influence of alcohol concentration of about 0.158% from the 1km section from the front of Seongdong-gu to the front of Dongdaemun-gu road.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site photographs of reports on the occurrence of traffic accidents, drivers, executive statements, reports on the state of standing statements, and reports on the State drivers;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act Article 62(1) of the Suspension of Execution Act, committed the instant crime again even though he was punished for drunk driving in 2017.

The blood alcohol concentration of the instant case was considerably high by 0.158%.

The Defendant also caused an accident that causes the shock of the fluora in the atmosphere of a drunk driving.

However, considering the fact that the defendant recognized the crime of this case, the fact that the defendant is expected not to repeat the crime of this case by disposing of the vehicle, and the age, character and conduct, family relationship, motive and means of the crime of this case, and circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions shown in the records and arguments.