Text
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
The Defendant, at the Ulsan District Court on April 11, 2013, violates the obligation under the Road Traffic Act, which would not drive a motor vehicle under the influence of alcohol on at least two occasions by receiving a summary order of a fine of KRW 2 million for the same crime from the same court on August 3, 2017.
On April 28, 2019, at around 06:21, the Defendant driven CM5 vehicle under the influence of alcohol with approximately 20km alcohol concentration of about 0.148% from the 20km section from the roads near Ulsan-gun, Ulsan-gun, Seoul-do, to the roads in front of the same Simpambane.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);
1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;