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

On August 9, 2010, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on March 13, 2015, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

On August 26, 2020, at around 22:15, the Defendant driven a DNA car with a blood alcohol concentration of about 0.054% in a section of about 100 meters from the front of Ulsan-gun B to the roads adjacent to Ulsan-gun C, Ulsan-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

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. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving three times; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense