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 January 10, 2007, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Ulsan District Court.

On August 21, 2019, at around 00:06, the Defendant: (a) driven a DNA car in the state of alcohol alcohol concentration of approximately 0.237% from the 1km section to the roads in front of the C ironway located in the same Gu, after the shot box located in the Ulsan-gu, Ulsan-gu, Ulsan-do; and (b) drive the drat under the influence of alcohol content of about 1km.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes of the Ulsan District Act (No. 2007 high-level and No. 2863) to inquiry and inquiry reports, such as the results of the crackdown on drinking driving (an appraisal report, No. 15), and the criminal records, and the written 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. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [The statutory penalty of this case: imprisonment with prison labor for not less than two years but not more than five years; fine not less than 10,000 won, but not more than 20,000 won] have been punished twice for the same crime. However, there is a confession to commit the crime of this case, a mistake is divided, and there is no record of punishment exceeding the fine, and there is no record of punishment exceeding the fine, other factors of sentencing, such as the defendant's age, environment, family relationship, blood alcohol concentration and driving distance, and circumstances after the crime, etc., the punishment as ordered shall be determined like the order.