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

On March 6, 2017, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On July 2, 2020, at around 21:12, the Defendant driven a fwing 3 truck under the influence of alcohol with a blood alcohol concentration of 0.116% from the front of the cooperative located in Ulsan-gun, Ulsan-gun, to the intersection-lane located in D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal notice of the result of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, and investigation report on the circumstantial statement of a drinking driver (the circumstantial report of a drinking driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. The defendant for sentencing under Article 62-2 of the Criminal Act committed the crime of this case while under the influence of alcohol level of 0.116% even though he was punished by a fine due to drunk driving. Meanwhile, the defendant has no record of punishment except for the previous conviction in the judgment. The motive and circumstance of the crime, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and the criminal record relation, etc. shall be determined as ordered in consideration of all the conditions of sentencing.