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 October 26, 2012, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 12, 2020, at around 21:10, the Defendant driven a D’s car under the influence of alcohol with approximately 0.035% of alcohol concentration from approximately 6km to the front road in the Seoyang-gu, Ulsan-gu, Ulsan-do, U.S., U.S., U.S., under the influence of alcohol at approximately 0.035%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (formerly previous parts), and summary orders;

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 fact that there exists a record of being punished twice due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that drinking alcohol is not high, the fact that there is no criminal record exceeding the fine, the circumstances of driving under the influence of alcohol, the defendant's occupation, age