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

On March 19, 2020, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Ulsan District Court.

On September 4, 2020, around 21:57, the Defendant driven an E QM3 car under the influence of alcohol content of 0.070% without a car driver’s license at approximately 5km section from the roads near Ulsan-gun, Ulsan-gun B market to the roads front of the Dmaart located in Ulsan-gu, Ulsan-gu. C.

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

Summary of Evidence

1. The driver's license register of the defendant's statutory statements, records of the control of drinking and driving, and circumstantial statements of the driver's license;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), and application of Acts and subordinate statutes;

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 concerning facts constituting an offense, and Articles 43 of the same Act;

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 reason for sentencing under Article 62-2(1) of the Criminal Code of the Order to Attend the lecture [the scope of the punishment by law] The sentence is not set at one year or two years and six months [the sentencing guidelines] (the sentence] imprisonment with prison labor for one year and three years of suspension of execution, probation, and attending the lecture, together with the sentencing conditions for the defendant as follows: the defendant's age, family relation, growth process, character and behavior, living environment, circumstances and results of the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case, including the circumstances after the crime, shall be comprehensively considered

Unfavorable circumstances: a dangerous criminal who may cause fatal damage to the life and property of another person as well as his/her own, and a record has already been punished twice due to drinking driving.