A defendant shall be punished by imprisonment for one year.

However, 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

On March 26, 2012, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on June 10, 2014, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.

At around 03:30 on January 18, 2020, the Defendant driven an Esch RexS LS 460 on the front of the “C” restaurant located in Ulsan-gu B, Ulsan-gu, Seoul-do, along the influence of alcohol content of 0.069%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the report on his/her circumstantial statement, criminal records, and criminal investigation reports (verification of the same attached records) as a result of crackdown on drinking driving;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the 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 punishment of the accused shall be determined in consideration of the overall sentencing conditions against the accused, such as the background leading to drinking alcohol for the reason of sentencing, degree of blood alcohol, driving distance, criminal punishment records, and circumstances after the crime, etc. under Article 62-2 of the Criminal Act;