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

The Defendant was sentenced to a fine of 700,000 won by the Ulsan District Court on February 18, 2008 for a violation of the Road Traffic Act, and was sentenced to a fine of 2 million won by the same court on March 12, 2008, and was sentenced to a fine of 6.5 million won by the same court on July 24, 2013.

On April 21, 2019, at around 23:57, the Defendant driven C-Scar car while under the influence of alcohol concentration of about 0.093% in a section of approximately one kilometer in front of the Northwest-dong, Chungcheongnam-si, Yangsan-si, Yangsan-si.

Therefore, although the defendant had been punished not less than twice due to drinking driving, he again driven the above car while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

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

1. The rationale for sentencing under Article 62-2 of the Criminal Act is to recognize the facts charged, the blood alcohol concentration is not relatively high, and the fact that there is no previous conviction exceeding a fine is favorable to the defendant.

On the other hand, the defendant's previous and three times of drinking driving is disadvantageous to the defendant.

Other factors of sentencing, such as the age, health, environment, motive of crime, etc. of defendants, shall be determined as per the disposition.