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

On December 12, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on December 12, 2007, and was sentenced to a fine of two million won for the same crime at the Ulsan District Court on June 20, 2018.

On October 5, 2019, at around 00:30, the Defendant driven a e-mail vehicle under the influence of alcohol level of 0.032% without obtaining a driver's license from the front road in Yangsan City B to the front road of D apartment at the same time.

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

1. Making inquiries, such as the ledger of driver's licenses (before and after the market), criminal records, and the application of Acts and subordinate statutes on investigation reports;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [The statutory penalty under Article 148-2 (1) of the Road Traffic Act: The defendant has been sentenced to four times of imprisonment for not less than two years but not more than five years, or a fine of not less than 10 million won and not more than 20 million won] for the same crime; however, the defendant has led to confession of the crime of this case; the defendant has been punished in excess of the fine; there has been no history of punishment exceeding the fine; the defendant raises a minor child; the defendant is raising a minor; other sentencing factors such as the defendant's age, environment, blood alcohol concentration and driving distance; and the circumstances after the crime shall be determined as ordered by the order.