2.Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

On June 7, 2010, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on June 7, 2010, and KRW 4 million as a fine in the same court on September 23, 2013.

On February 1, 2018, the Defendant driven B-car under the influence of alcohol content of about 0.143% in a section of approximately 7 km from the Do in front of “Masan-gu, Ulsan-gu,” which is located in the Northern-gu, Ulsan-do, to the road in front of “Masan-gu,” the Defendant driven B-car under the influence of alcohol content of about 0.143% in blood.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of a reply to inquiry, such as criminal history;

1. Relevant legal provisions, Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, the selection of punishment for a crime;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following conditions in favor of the reasons for sentencing shall be considered).

3. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds for sentencing repeated consideration).

4. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The conditions favorable to the defendant shall be as follows:

One's mistake is divided.

2. The circumstances disadvantageous to the defendant shall be as follows:

The degree of alcohol is severe.

Despite the history of punishment several times for the same crime, the crime of this case has been committed.

3. In light of the aforementioned various circumstances, the Defendant’s age, sex, environment, health status, previous convictions, and all other sentencing circumstances revealed in the records, including the motive, means, and consequence of the instant crime, the Defendant’s age, sexual behavior, and health status, and the circumstances after the crime, the sentence is determined as ordered.