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 September 27, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court due to a violation of the Road Traffic Act.

Around 21:30 on February 22, 2020, the Defendant driven a “C” restaurant in Ulsan-si, Ulsan-si, Ulsan-si, with a blood alcohol concentration of about 9km from around 0.102% under the influence of alcohol from around 9km to the front roads of the same military branch.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning criminal records and summary order when the defendant's legal statement is made, the report of his/her oral statement, and records of drinking driving control;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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 of the accused shall be determined in consideration of the overall sentencing conditions against the accused, such as the background leading to drinking alcohol for the reason of sentencing, degree of blood alcohol, driving distance, criminal punishment records, and circumstances after the crime, etc. under Article 62-2 of the Criminal Act;