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

On September 14, 2018, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Ulsan District Court.

On October 26, 2019, at around 06:58, the Defendant, without a driver’s license, driven a DNA vehicle from approximately 1km to about 0.097 percent in the south-gu Seoul National University located in Ulsan-gu B while under the influence of alcohol with a blood alcohol content of 0.097%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes, such as a written inquiry of the driver's license ledger (previous record), criminal records, etc., and a summary order issued under the Ulsan District Act No. 2018, Jul. 7823;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation and community service order Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. has served as the reason for sentencing one time as a fine for drunk driving and one time as a fine for unlicensed driving. However, the confession of the instant crime and the mistake is divided, and the punishment shall be determined as ordered in consideration of various sentencing factors, such as the defendant's age, environment, occupation, family relationship, blood alcohol concentration and driving distance, and circumstances after the crime.