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

On September 15, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Busan District Court, and on February 3, 2012, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act at the Ulsan District Court on February 3, 2012.

Although the Defendant had been punished for drinking driving two or more times as above, on March 12, 2019, the Defendant driven a D-wing and Ⅲ truck under the influence of alcohol concentration of about 0.115% from the 1km section from the roads of “Cju” located in Ulsan Nam-gu, Ulsan-gu, Ulsan-gu, Busan-do, Busan-do, to the above road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination by taking into account the following factors: (a) the decision is made in light of the fact that the punishment of punishment under Article 62-2 of the Social Service Order Act is not less light of the degree of light of the reason for sentencing; (b) the punishment of imprisonment is applied seriously, and the last previous conviction has been served for not less than seven years, and the traffic accident has not led to the traffic accident;