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 2, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court, and on September 9, 2010, the Defendant was sentenced to a suspended sentence of two years for one year for a violation of the Road Traffic Act at the Ulsan District Court.

【Criminal Facts】

On May 10, 2019, at around 21:30, the Defendant driven DMW X3 vehicles under the influence of alcohol 0.125% in a section of approximately 600 meters of blood alcohol content from the Do near Ulsan-gu Bel, Ulsan-gu to the front road of Ulsan-gu C.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven the above BMW X3 vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry reports, such as the results of crackdown on drinking driving, the report on the circumstantial statements of drinking drivers (the previous record), criminal records, etc., the list of relevant cases, summary orders, and application of statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018);

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. have a history of having been punished twice as a drunk driving, the punishment as ordered shall be determined by taking account of the defendant's age, environment, blood alcohol concentration and driving distance, circumstances after the crime, etc.