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 September 12, 2008, the Defendant was issued a summary order of KRW 700,000 by the Ulsan District Court to a fine for a violation of the Road Traffic Act.

피고인은 2019. 12. 18. 21:26경 양산시 B 앞 도로에서부터 C 앞 도로에 이르기까지 약 500m 구간에서 혈중알콜농도 0.064%의 술에 취한 상태로 D 팰리세이드 승용차를 운전하였다.

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 to the defendant's legal statement, the report on his/her circumstantial statement, criminal records, and criminal investigation reports (verification of the same attached records) as a result of crackdown on drinking driving;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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 circumstances 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;