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 February 10, 2015, the Defendant received a summary order of KRW 5 million from the Ulsan District Court due to a violation of the Road Traffic Act.

At around 14:55 on December 6, 2019, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.077% from the 2km section from the front road in Ulsan-gu B to the front road of H.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 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. Application of Acts and subordinate statutes on summary order;

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. The grounds for sentencing under Article 62-2 of the Criminal Act recognize and reflects the defendant's mistake. The crime of this case constitutes a so-called night driving, the fact that the defendant has no record of punishment exceeding the fine is more favorable, and the fact that the defendant has a record of punishment twice due to drunk driving is disadvantageously considered, and the punishment shall be determined as ordered, taking into account all the circumstances recorded in the records, such as blood alcohol concentration and alcohol level, the age, character and conduct of the defendant, the age of the defendant, character and environment, and the circumstances after the crime.