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

The Defendant was sentenced to a fine of KRW 1.5 million at the Ulsan District Court on June 29, 2007 for the crime of violation of the Road Traffic Act, and was sentenced to a fine of KRW 4 million at the same court on August 12, 2010 for the same crime, etc. on August 12, 2010, and was sentenced to imprisonment of KRW 8 months, suspension of execution of two years, and order to attend lectures at the same court on April 12, 2013 for the same crime.

On April 28, 2019, at around 21:55, the Defendant driven a B low-speed car while under the influence of alcohol content of about 0.074% in a section of about 500 meters from the back of the same sports complex to the back of the same sports complex on the roads in front of the Yangyang-dong Library in Yangsan-si.

Therefore, although the defendant had been punished not less than twice due to drinking driving, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, reports on the circumstantial statements of a drinking driver (before the market), criminal records, etc., and to investigation reports (verification of the same kind of force), and the application of statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018);

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have served as the same kind of crime, but again commits the instant crime at a disadvantage.

However, the punishment as ordered shall be determined by taking account of various sentencing factors, such as the defendant's confession to commit the crime of this case, the mistake is divided, the crime of the same kind has not been committed for the last six years, the fact that a minor is raising a minor, the age, environment, blood alcohol concentration and driving distance, and circumstances after the crime.