However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

[Power of crime] On October 28, 2014, the Defendant received a summary order of KRW 5 million from the Ulsan District Court to a fine of KRW 5 million due to a crime of violating the Road Traffic Act (drinking).

[Criminal facts] On November 9, 2020, the Defendant driven a Fystren vehicle from the front of the “C” restaurant located in Ulsan-gu, Ulsan-gu, Seoul-do, to the front of the same cafeteria E in the same Gu and from approximately 500m section to the front of the road, while under the influence of alcohol concentration of about 0.087% during blood.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement report on the situation of the driver at the main place and investigation report;

1. Previous conviction in judgment: Application of an inquiry letter, such as criminal history, and Acts and subordinate statutes concerning summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Although there was a record of being punished for driving under drinking prior to the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (the above defendant's favorable circumstances), the crime of driving under drinking in this case was committed at the same time, and the defendant's blood alcohol concentration level at the time was high and thus, the liability for the crime is not less severe than that of the defendant is unfavorable to the defendant.

It is the most favorable condition for the defendant, such as the short distance in which the driving of this drinking is short, the risk of traffic accidents has not been realized due to this case, and the fact that the defendant recognizes the crime and is in depth against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of the punishment as shown in the pleading.