Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 15, 2010, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act, etc. at the Ulsan District Court on April 15, 2010. On July 20, 2016, the Defendant was issued a summary order of KRW 3 million by the same court on July 20, 2016.

【Criminal Facts】

On October 22, 2019, at around 23:35, the Defendant driven DMW car in the state of 0.054% alcohol concentration from approximately 30 meters away from the 30-meter section before the front of the Tri-gu, Ulsan-gu, Busan-do, to the front road in B C.

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

On April 15, 2010, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act, etc. at the Ulsan District Court on April 15, 2010. On July 20, 2016, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act.

On December 10, 2019, the Defendant was prosecuted to the Ulsan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On January 6, 2020, the Defendant driven a DMW car without a vehicle driver’s license in approximately 80 meters from the public parking lot in Ulsan-gu, Ulsan-do to the lower part of the Ulsan-gu, Ulsan-gu, U.S., Ulsan-do, to the lower part of the DMW car without a vehicle driver’s license, while under the influence of alcohol content of 0.052%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of blood alcohol and notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to the previous judgment and related judgments);

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;