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 April 27, 2011, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for a violation of the Road Traffic Act at the Busan District Court on April 27, 201, and was sentenced to a fine of 3 million won by the same court on May 21, 2014.

On July 14, 2019, at around 06:32, the Defendant driven the ENAS G80 car in the state of alcohol alcohol concentration of about 0.031% from the 1km section from the roads near the C cafeteria located in Ulsan-gu, Ulsan-gu B to the same Gu D road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the actual state of drinking drivers;

1. Previous convictions: Criminal records, written judgments, and application of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that the sentence of Article 62-2 of the Criminal Act Article 62-2 of the Order to Attend is lower than the blood alcohol concentration for the reason of sentencing, and the fact that the driver is an deprived time driver

On the other hand, the defendant's previous and second times of drinking driving is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.