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

[criminal power] On August 31, 2012, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million at the Ulsan District Court for a violation of the Road Traffic Act, and a summary order of KRW 6 million with a fine of KRW 1 million at the Ulsan District Court on November 19, 2014, respectively.

【Criminal Facts】

On September 17, 2018, at around 01:20, the Defendant driven a B rocketing car with the blood alcohol concentration of about 0.121% in the section of about 1km from the road near Ulsan-gu to the front of the prosperity road located in the same Gu.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is that the defendant drives a motor vehicle under the influence of alcohol in spite of the fact that the defendant had been punished for driving under the influence of alcohol twice or more times, and the quality of the crime is not good, the defendant's blood alcohol concentration is high, and the liability for the crime is not easy in light of the frequency and contents of the same criminal power, etc.