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 August 30, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Ulsan District Court on August 30, 2012, and on October 26, 2012, the same court was sentenced to a suspended sentence of two months for a crime of violating the Road Traffic Act.

【Criminal Facts】 On October 5, 2019, at around 22:10, the Defendant driven a DNA car while under the influence of alcohol 0.103% of the blood alcohol concentration at the section of approximately 1.5km from the front of the road in Ulsan-gu, Ulsan-gu, to the front of the 65-80 meteorological road.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more 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, investigation reports (Attachment to attached criminal records of the same kind of crime), and application of two copies of written judgments;

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 been punished for drinking driving two times, and again, committed the crime of drinking driving. In light of the social harm and danger of drinking driving, the nature of the crime is heavy, the possibility of criticism is considerable, the distance of driving is not big, and the degree of alcohol concentration in blood is not low: The defendant is aware of his/her crime, and the defendant reflects his/her mistake in depth, and the traffic accident, etc. is caused by drinking driving.