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 October 1, 2007, the defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Busan District Court's branch court.

At around 21:10 on August 10, 2020, the Defendant driven an E rocketing car under the influence of alcohol content of about 2km from around 0.138% from the 2km section to the roads adjacent to D apartment complex, “C” restaurant located in Ulsan-gun, Ulsan-gun, Ulsan-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Inquiry reports, such as criminal records, and the application of statutes on investigation reports (verification of the date of the same kind of crime);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

D. Unfavorable circumstances: The defendant had a history of punishment for driving under the influence of alcohol in the past, but again went to the crime of driving under the influence of alcohol again; considering the social harm and danger of driving under the influence of alcohol, the nature of the crime is heavy; the possibility of criticism is high; the distance of driving under the influence of alcohol is not short; the degree of blood alcohol concentration is high: The defendant's criminal act is recognized; the defendant has not actually reflected in the depth; the danger of ordinary traffic, such as traffic accidents, etc. due to the driving under the influence of alcohol has not occurred; and the driving under the influence of alcohol is more than 10 years from the time of the crime of driving under the influence of alcohol.