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

On January 29, 2010, the Defendant received a summary order of KRW 700,00 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

On August 6, 2020, at around 03:22, the Defendant driven Bsch Rexroth car under the influence of alcohol 0.177% from the section of approximately 8 km to the Gandong forest village in the Young-gu, Young-si, Young-si, Suwon-si, and the upper speed of the area of the Susi-si, Kan-si, to the Gannam Forest Village, which is in the upper speed of the area of the Susi-si, Kan-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement of a drinking driver, investigation report, and output of the result of drinking alcohol measurement;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order-related 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but the amount of blood alcohol concentration due to drinking of this case is higher.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) the period of drinking driving of the defendant has passed more than 10 years from the date of the crime in this case; and (c) the defendant has no other criminal records other than three times prior to the fine; and (d) the defendant has