A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal Power] On June 29, 2007, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 20, 2019, the Defendant, despite the fact that he violated the prohibition of drunk driving, driven a EKa-P car under the influence of alcohol of about 2 km from around 01:30 on December 20, 2019 to around 01:0 on the road in front of the Defendant’s residence to the racing-si parking lot, and from around 2km to D’s restaurant parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (verification of sound driving skills);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

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

1. The sentence shall be determined as ordered in consideration of the background of the instant crime, blood alcohol concentration, criminal records, etc., the age, character and conduct, family relationship, etc. of the Defendant and all the other conditions of sentencing as shown in the oral proceedings and arguments for the reason of suspended sentence under Article 62(1) of the Criminal Act