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

On August 9, 2017, the Defendant received a summary order of KRW 1,50,00 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On October 20, 2019, at around 22:50, the Defendant driven a DMW 520d car about 10 meters while under the influence of alcohol concentration of 0.092% in the street near the C cafeteria located in Ulsan-gu B.

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. Application of Acts and subordinate statutes to investigation reports (Attachment to the previous order and related summary order);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized his mistake and reflects the fact that there is no record of punishment exceeding the fine; (b) the driving distance at the time of the instant crime is shorter; (c) the Defendant voluntarily received drinking treatment after the instant crime; and (d) the Defendant’s age, character and conduct, environment, and circumstances revealed in the records, such as the value of blood alcohol concentration and the Defendant’s age, character and conduct, and circumstances after the crime