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 May 15, 2015, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 15, 2015, and the same criminal record is five times more.

On October 21, 2019, around 06:20 on October 21, 2019, the Defendant driven Done Star Co., Ltd under the influence of alcohol concentration of approximately 0.096% from approximately 3km to the front road of the Bank of Korea located in Ulsan-gu, Ulsan-gu, through the service office located in Ulsan-gu C, Ulsan-gu, through the service office located in Ulsan-gu, Seoul-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. Statement on the result of the crackdown on drinking driving, and a statement on the state of drinking drivers;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (attached to the judgments related to the same type of criminal records, etc.);

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. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: The defendant confessions himself/herself and repents the crime of this case; the defendant's history of drinking driving is five times (including imprisonment). The defendant's background leading to drinking driving of this case; the defendant's background leading to drinking driving of this case; and other circumstances revealed in the records, such as blood alcohol concentration and alcohol level at the time of the defendant's committing the crime; the distance of drinking driving; age; age; character and conduct; the character and environment; means and results;