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 10, 2015, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act from the Ulsan District Court.

On October 31, 2019, at around 22:05, the Defendant driven D SM5 car at approximately 100 meters from the area near Ulsan-gu B to the vicinity of C building while under the influence of alcohol content of 0.141%.

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. Reporting on the results of crackdown on drinking driving and the circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 on probation and order to attend a lecture is that the defendant recognized his mistake and reflects the fact that there is no record of punishment exceeding a fine, that the defendant made efforts to comply with the law, such as the defendant's use of a flatly acting driving, etc., under favorable circumstances, the defendant has been punished four times due to drinking, and that the defendant has a record of being punished four times due to drinking, and that the defendant has a high blood alcohol concentration level at the time of the crime of this case at the time of the crime of this case, taking into account the circumstances indicated in the records, such as the distance of drinking driving, the age, character and behavior, environment