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 June 7, 2017, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act from the Ulsan District Court.

【Criminal Facts of Crimes】 Around April 9, 2020, the Defendant driven Fwing-III Cargo Vehicles, while under the influence of alcohol 0.211% of blood alcohol concentration, from the section of about 3km to the road of the “Estore” located in Yangsan-si B, Yangsan-si to the road of the “Estore” located in Yangsan-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Finding the results of the control of drinking driving, the report on the circumstantial statement of a drinking driver, the photograph of CCTV images to run, and the indication map and photograph of the routes of the accused vehicle;

1. Application of Acts and subordinate statutes of one copy of the inquiry report on criminal records, etc., investigation report (Attachment to a summary order of the same kind of power), and summary order;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

Unfavorable circumstances: although the defendant had been punished for drinking driving in 2017, he again committed the crime of driving under the influence of alcohol again in 2017, the occurrence of the accident caused by the central separation shot bars while driving, the danger of general traffic due to drinking driving is realized, which is high in the quality of the crime, high in the possibility of criticism, and if the driving under the condition that the alcohol concentration in blood is too high, it would result in serious human and material damage.