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

[criminal power] On September 17, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and a summary order of KRW 4 million for the same crime at the Ulsan District Court on September 4, 2014, respectively. On March 27, 2015, the Defendant was sentenced to one year of the suspension of the execution of imprisonment with labor for the same crime, etc. at the same court.

【Criminal Facts】

On August 21, 2019, at around 23:20, the Defendant driven a B QM6-car under the influence of alcohol level of about approximately 2km from the front of the East-gu Dong-dong, Ulsan-gu, Ulsan-gu to the lower part of the Taecheon-dong, Ulsan-gu, Seoul-do, to around 23:30 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to the summary order, etc. of the same kind of record), each summary order, and application of statutes governing the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Although probation, community service order, and order to attend a lecture prior to the reason for sentencing under Article 62-2 of the Criminal Act, the driving of a motor vehicle under the influence of alcohol and the quality of the crime is not good, the defendant's blood alcohol concentration is high at the time, and there are records of punishment several times for the same crime (two times of fine and one time of suspended execution of imprisonment). However, even if there are records of punishment for the same crime, the crime of this case is heavy, and the possibility of criticism is considerable, etc., against the defendant.