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

[Criminal Power] On April 25, 2019, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 29, 2019, at around 03:47, the Defendant driven a DNA car with approximately 25 km alcohol content of 0.128% while under the influence of alcohol from around the 30's Dog-ro Dog-ro Dog-ro 30's Dogyeong bus Terminal near the Hasan-si, Yangsan-si to the front road of the "C Hospital" located in the same city B.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal history records, etc. and application of one copy of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Although there was a history of punishment for drinking driving prior to the reason for sentencing under Article 62-2 of the Criminal Act, the fact that the Defendant committed the crime of drinking driving in this case within a short time, and that the Defendant’s blood alcohol concentration level at the time is high, and the criminal liability is not easy.

In this case, the risk of traffic accidents has not been realized due to the crime, the defendant recognizes the crime and is in violation of depth, and the fact that there is no particular criminal record except the criminal records in the judgment is favorable to the defendant.

In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.