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

[criminal power] On January 15, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on April 24, 2008, a summary order of KRW 2 million as a fine for the same crime in the same court on April 24, 2008, and a summary order of KRW 6 million as a fine in the same court on September 26, 2013, respectively.

【Criminal Facts】

On June 29, 2019, around 13:50 on June 29, 2019, the Defendant driven a e-learning car under the influence of alcohol concentration of about 0.051% from the 1km section from the south-gu, Ulsan to the lower-class road located in the same Gu C.

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. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and copies of each summary order issued under statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The fact that the sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture has been punished several times for the reason of sentencing, but the quality of the crime is not good by driving a motor vehicle while under the influence of alcohol, in light of the frequency, contents, time, etc. of the same criminal power, and the possibility of criticism is not somewhat small, etc., which are disadvantageous to the defendant, or the defendant appears to have an attitude against the defendant at the time of committing the crime, and the blood alcohol concentration of the defendant is not high, and the blood alcohol concentration of the defendant is not high, and it is caused to commit the crime of this case as a result of learning while returning a motor vehicle after drinking alcohol by the day immediately before the crime is committed.