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

The Defendant was sentenced to a fine of KRW 1.5 million at the Ulsan District Court on January 10, 2008 for a violation of the Road Traffic Act, and was sentenced to a fine of KRW 2 million at the same court on August 1, 2008 for the same crime, and was sentenced to a fine of KRW 5 million at the same court on June 19, 2012 for the same crime.

At around 20:55 on January 5, 2020, the Defendant driven a Fbenz car while under influence of about 0.046% of blood alcohol concentration at the section of approximately 1km for E in front of the road D, located in Yangsan-si B.

Accordingly, the defendant violated the prohibition of drinking driving under 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 on the circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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. Probation, community service order and education order under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents, the defendant has a history of drinking driving four times, the defendant does not cause any additional damage, such as traffic accidents, due to drinking driving in this case; and the defendant's overall circumstances as shown in the records, such as blood alcohol concentration and alcohol level at the time of the crime, the distance of drinking driving, age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be comprehensively taken into account;