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

On February 26, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act by the Ulsan District Court.

On October 2, 2020, the Defendant driven a clater-car under the influence of alcohol content of about 0.267% in the 1m section of the road B B B, Ulsan-gun, Ulsan-gun, under the influence of alcohol content of about 1m of blood.

Accordingly, the Defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement, inquiry about the results of crackdown on driving under influence of alcohol, and a written statement of the driver's license;

1. Previous conviction: Application of a written inquiry, such as criminal history (A) and of a summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Code of the Order to Attend the lecture [the scope of the applicable sentences under the law] The sentence shall not be set 1 year to 2 years and 6 months [the sentencing guidelines]. The sentence shall be set as ordered by comprehensively considering all the sentencing conditions of the Defendant on the records and arguments of this case, including the Defendant’s age, family relation, growth process, sexual conduct, living environment, the background and result of the instant crime, the circumstances after the instant crime, etc., along with the suspended sentence for one year as well as the sentencing circumstances against the Defendant as stated below.

A disadvantageous condition: A dangerous criminal who may cause a fatal damage to the life and property of others as well as his/her own, and the defendant has already been punished once due to drinking, even though he/she had already been punished, he/she is driving the drinking of this case, and the degree of alcohol level in blood at the time of driving under the influence of alcohol was considerably limited to more than 0.2%: A favorable circumstance that the defendant is under the influence of the defendant, there is no power to suspend the execution, and the driving distance is relatively short.