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 November 2, 2016, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On October 9, 2019, the Defendant was under the influence of alcohol with 0.152% of blood alcohol concentration 0.152%, and the Defendant was driving a D-crin vehicle at approximately approximately 1 km from the area near Ulsan-gu B department store to the front of the same Gu C apartment.

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 Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 punishment against the accused shall be determined in consideration of the background leading to drinking and driving under the reason of sentencing, blood alcohol concentration, driving distance, criminal punishment records, conditions after the crime, etc. under Article 62-2 of the Criminal Act;