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 June 1, 201, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Ulsan District Court on June 1, 201, and was sentenced to a fine of 4 million won for the same crime at the Busan District Court on November 5, 2012.

On December 8, 2019, at around 22:19, the Defendant driven an Efran vehicle while under the influence of alcohol with approximately 0.034% of blood alcohol concentration at a section of about 100 meters in front of the D B apartment in Ulsan-gu B apartment.

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. Notification of the results of the control of drinking driving, and a report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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 the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving twice; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense;