A defendant shall be punished by imprisonment for a term of one year and two months.

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 February 7, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Ulsan District Court on February 7, 2014.

Nevertheless, at around 20:25 on May 16, 2020, the Defendant driven a car in the C Coin with a alcohol level of about 13 km from the 13km section to the roads in front of the Ulsan-gun B apartment in Ulsan-gun, Ulsan-do.

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. Report on the result of the crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of one copy of a summary order, such as a criminal history report, investigation report, and other summary order;

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.

The circumstances that are disadvantageous to the defendant: the defendant had the record of punishment for his previous drunk driving, and again commits the crime of this case; the crime of this case is a driving under the influence of alcohol level with a large degree of high blood alcohol level so that it can lead to serious threat to the safety of general traffic, and thus the crime is very heavy, and there is a high possibility of criticism and there is a need for strict punishment against the defendant: The defendant is against his mistake while recognizing his crime, and the danger of general traffic, such as traffic accidents, etc., is actually dangerous.