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

On January 31, 2018, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act by the Ulsan District Court.

Nevertheless, on September 6, 2020, the Defendant driven a Dpoter II cargo vehicle with a alcohol concentration of about 0.048% from the 3km section from the front of the restaurant to the front of the C in the same city, where it is impossible to know the trade name in Yangsan-si around 03:03 on September 6, 2020.

As such, the Defendant, who violated the provision prohibiting driving of a motor vehicle at least once, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of a reply to inquiry, such as criminal history, and the statutes attached to summary written orders;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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 suspended execution;

1. The fact that there exists a record of being punished once due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the drinking value is not high, the fact that there is no criminal record exceeding the fine, the circumstances of driving under the influence of alcohol, the occupation, age, environment, etc. of the