A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 23, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a crime of violating the Road Traffic Act (driving).

[Criminal facts] On June 23, 2020, the Defendant driven a ice car under the influence of alcohol concentration of about 0.206% from the 2km section from around 23:55 to the D Hanwon road located in the same city-si. The Defendant driven a ice car under the influence of alcohol concentration of about 0.206%.

Accordingly, the Defendant, who violated the prohibition of drinking driving under the Road Traffic Act, was driving a motor vehicle under the influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver suffering from the main driver, the report on detection of the main driver, the voluntary submission and confirmation statement, the request for appraisal of alcohol concentration in blood and the written appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of driving force under drinking);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts: (a) of the same Act and the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is the fact that the second offense was committed even though there was a record of punishment for drinking driving in 2019, and the fact that the blood alcohol concentration is high is a factor for sentencing disadvantageously.

However, considering the fact that the vehicle appears to reflect, the driving distance is not clear, the sentencing factors are considered to be favorable, and the punishment as ordered shall be determined in consideration of the circumstances such as the background leading to the crime, the defendant's age, sexual behavior, environment, etc.