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 October 30, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Ulsan District Court.

On September 1, 2019, at around 00:15, the Defendant driven a D K3 car in the state of alcohol with approximately 200 meters alcohol concentration of 0.161% in the section of approximately 200 meters to the front road of the C Hospital located in the public parking lot in Ulsan-gu Busan Metropolitan City.

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. References to the results of crackdown on drinking driving, criminal records of the statement showing the circumstances of drinking drivers, and application of Acts and subordinate statutes to investigation reports (verification of records of drinking driving);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment against the defendant shall be determined by taking into consideration the circumstances leading to the running of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;