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 September 28, 2012, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 4, 2020, at around 20:20, the Defendant driven a wing-in truck with an alcohol level of about 0.118% alcohol level from the 4km section from the front side of C Middle School in Ulsan-gun, Ulsan-gun, to the front side of D, Ulsan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. (Criminal Experience) Inquiries, preliminary records on disposition, reporting on the results of confirmation, and application of Acts and subordinate statutes of a 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.

D. Unfavorable circumstances: The defendant's records on the records of the crime record that he was punished for driving under the influence of alcohol, and again, the crime of driving under the influence of alcohol has been committed; the social harm and danger of driving under the influence of alcohol are heavy; the possibility of criticism is considerable; the distance of driving under the influence of alcohol is reasonable; the degree of blood alcohol concentration is high as the grounds for revocation of license; the defendant's act of crime is recognized; the danger of ordinary traffic, such as traffic accident, etc. is not actually generated; the driving under the influence of alcohol was committed after a prolonged period of not less than five years; and the defendant is fined.