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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.
Reasons
Punishment of the crime
On June 2, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on July 22, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the same court.
On April 9, 2020, at around 22:35, the Defendant driven D car under the influence of alcohol of about 0.20% of alcohol alcohol concentration from around 2.4km section from the industrial tower located in Ulsan-gu New-dong, Ulsan-gu, Seoul-gu to the front road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. An inquiry into the results of the crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, and a written appraisal of alcohol;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification reports on the same type of force);
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 three times; 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