A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Power of crime] The Defendant is a person who has received a summary order of a fine of one million won at the Ulsan District Court on April 26, 2018 due to a violation of the Road Traffic Act (driving).

[Criminal facts] On September 7, 2020, the Defendant driven a motor vehicle E, while under the influence of alcohol leveling 0.056% of alcohol level in approximately 100 meters from the road near Ulsan-gu, Ulsan-gu, Seoul to the road near the D market.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement of the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the previous confirmation report) statute;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Although there was a history of punishment twice due to drinking driving prior to the reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence (the above defendant's favorable circumstances), the Defendant committed the instant crime of drinking prior to the fact that the Defendant's blood concentration in blood at the time was considerable, and the Defendant's liability for the crime is not somewhat weak.

It is the most favorable condition for the defendant, such as the short distance in which the driving of this drinking is short, the risk of traffic accidents has not been realized due to this case, and the fact that the defendant recognizes the crime and is in depth against the defendant.

In addition, the defendant's economic situation, age, sex, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc., and all the circumstances that are the conditions for sentencing as shown in the oral argument shall be determined as the sentence as ordered.