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 March 28, 2018, the Defendant was issued a summary order of a fine of three million won by the Ulsan District Court for a violation of the Road Traffic Act.

On June 25, 2020, at around 22:00, the Defendant driven C 1.4 passenger cars under the influence of alcohol concentration of approximately 0.148% from around 10 kilometers of approximately 10 kilometers to the Dong-gu B apartment parking lot of the same city, Dong-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement, statement report on the result of the drinking driving control, and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished once a drinking driving; the defendant has already been conducted the drinking driving of this case; the defendant was punished for the same kind of crime for two years prior to his/her default: The defendant is against himself/herself; the defendant has no record of the suspension of execution or more.