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

On October 23, 2012, the Defendant was issued a summary order of two million won or more as a crime of violating the Road Traffic Act by the Ulsan District Court.

On July 30, 2020, at around 02:25, the Defendant driven a e-learning passenger car under the influence of alcohol with approximately 460 meters alcohol concentration of about 0.113% from the 460-meter section to the “D pharmacy” road in the same city as “D pharmacy” in the same city.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the report on the circumstantial statement of the driver, the records of criminal records and investigation reports (the confirmation report of the same kind of records) as a result of regulating drinking driving

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 punishment against the defendant shall be determined in consideration of all the conditions of sentencing against the defendant, including the circumstances leading to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;