A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 25, 2013, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on November 25, 2013, and on December 11, 2015, the Defendant was sentenced to a suspended sentence of two years for six months.

【Criminal Facts】

On May 5, 2019, at around 02:35, the Defendant driven the ENsG80 vehicle in the direction of approximately 100 meters from the front of the house located in Ulsan-gu B to the front of the D Park located in Ulsan-gu C, Ulsan-gu, with a blood alcohol concentration of about 0.132% under the influence of alcohol.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven the above NASG80 vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry reports, such as the results of crackdown on drinking driving, the report on the circumstantial statements of drinking drivers (the previous record), criminal records, etc., the list of relevant cases, court rulings, and application of summary order statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018);

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 and Article 59 of the Act on Probation, etc. is that the defendant again committed the instant crime even though he/she had been punished several times for the same crime.

However, there are various kinds of efforts to not repeat the crime of this case due to the confession of the defendant to commit the crime of this case, the mistake is divided, the spouse is dead, the minor is raising a minor who is the first grade of the middle school due to the negligence of the defendant, the hospital treatment is received, etc. In addition, the defendant's age, environment, background leading up to the drunk driving, the degree of alcohol concentration and driving distance, and the circumstances after the crime, etc.