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] On December 26, 2007, the Defendant was sentenced to a suspended sentence of two years for four months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Ulsan District Court.

【Criminal Facts】

On August 8, 2020, the Defendant driven an Fcoon car in the state of 0.065% alcohol concentration in approximately 50 meters from the road near Ulsan-gu C Hospital located in Ulsan-gu B to the front of the E kindergarten located in D, while under the influence of alcohol content in approximately 0.065%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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 there has been a history of punishment once due to the driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the fact that ten years have passed from the previous driving under the influence of alcohol, the reason why the driving under the influence of alcohol and the drinking under the influence of alcohol,