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

Although the Defendant was punished by a fine of KRW 3.5 million on February 29, 2016 by the Changwon District Court for a violation of the Road Traffic Act, the Defendant, without a driver’s license on July 25, 2019, driven C cargo vehicles under the influence of alcohol of approximately 0.104% in the section of about 70km from July 25, 2019 to the front road of the cell opening bus bus stops located in the end of the Gangseo-gu Busan Metropolitan City, Busan Metropolitan City at the time of attempted driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of the drinking driving control, inquiry into the results of the drinking driving control, report on the circumstantial statements of drinking drivers, report on the state of drinking driving, and register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports;

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

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. The Defendant again committed the instant crime even though he/she had been punished several times for the reason of sentencing under Article 62-2 of the Criminal Act, such as the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. Considering the fact that the Defendant’s blood alcohol concentration is considerably high at the time of the instant crime, it is necessary to severely punish the Defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake into two separates, and that he would not repeat the crime of this case. In light of the defendant's blood alcohol concentration and control point at the time of the crime of this case, there is room to take into account the circumstances, such as the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, and circumstances after the crime.