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 June 2, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 3 million for the same crime at the same court on November 28, 2008, respectively.

【Criminal Facts of Crimes】 On July 12, 2019, the Defendant driven an EM5 vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of 0.220% from the front of the C kindergarten located in Ulsan Northern-gu B to the front of the D Building in Ulsan-gu, Seoul-do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, reports on the circumstantial statements of drinking drivers [before the market] criminal records, etc., and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind);

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant has been punished three times as a crime of driving under the same kind of alcohol or two times as a unauthorized driving, and that the blood alcohol concentration exceeds 0.2% is disadvantageous.

However, the punishment as ordered shall be determined by taking into account various sentencing factors, such as the defendant's confession to commit the crime of this case, the fact that there is no record of punishment exceeding the fine, and the age, environment, driving distance, and circumstances after the crime.