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

On August 14, 2009, the Defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act by the Ulsan District Court.

On September 5, 2020, at around 23:53, the Defendant driven a D Ecoo motor vehicle with approximately KRW 70-meter section from Ulsan-gu B apartment guard room to Cdong parking lot, while under the influence of alcohol concentration of approximately 0.171%.

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

Summary of Evidence

1. Court statements, records of the crackdown on drinking driving and control, circumstantial statements of drinking drivers, and investigation reports by the accused (report on the circumstances of drinking driving);

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The sentence is determined as per the order, comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the background and result of the crime of this case, the circumstances after the crime, etc., and all of the sentencing conditions shown in the records and arguments of this case, together with one year of suspended sentence and orders to attend the lecture for two years and two years and six months [the sentencing guidelines].

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished twice due to drunk driving, even though he/she had already been punished, the blood alcohol level was very high; a favorable circumstance that causes a contact accident with a parked vehicle: The defendant is against himself/herself, and there is no history of suspension of execution or more.