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

[Criminal Power] The Defendant is a person who has a record of driving under the influence of alcohol at the Ulsan District Court on June 26, 2015, by receiving a summary order of a fine of one million won for a violation of the Road Traffic Act.

【Criminal Facts】

On September 21, 2019, at around 00:05, the Defendant driven C rocketing car with the blood alcohol concentration of 0.117% in the section of about 30 meters from the first floor parking lot of the Busan Shipping Daegu Building to the entrance of the same building.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished for drinking driving, re-offending again, and the fact that drinking water was not lower at the time of the instant case is disadvantageous to the defendant.

However, the sentencing conditions in the records, such as the fact that the defendant is against his mistake, the fact that there is no record of criminal punishment exceeding the fine of the defendant, the distance of the defendant's drunk driving is short, and the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and method of the crime, contents and result of the crime, etc., shall be determined as the same as the order.