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

On June 1, 201, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Ulsan District Court on June 1, 201, and was sentenced to a fine of 4 million won for the same crime at the Busan District Court on November 5, 2012.

On December 8, 2019, at around 22:19, the Defendant driven an Efran vehicle while under the influence of alcohol with approximately 0.034% of blood alcohol concentration at a section of about 100 meters in front of the D B apartment in Ulsan-gu B apartment.

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. Notification of the results of the control of drinking driving, and a report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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 twice; 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;