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, 2016, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Ulsan District Court.

On May 17, 2020, at around 16:35, the Defendant driven D Ecoo motor vehicle while under the influence of alcohol concentration of about 0.171% from around 50 meters to front roads of Ulsan-gu B.

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. Application of Acts and subordinate statutes of one copy of the report on the result of crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, and the summary order;

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 punishment as ordered shall be determined by taking into consideration all the circumstances revealed in the records, such as the circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime;

Unfavorable circumstances: The fact that there are two previous convictions in the same kind, the fact that drinking water is high, the circumstances favorable to the fact that physical damage occurs: one's mistake is recognized, the fact that there is no previous conviction exceeding the fine, and the driving distance is short.