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 14, 2014, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Ulsan District Court.

Nevertheless, at around 21:29 on March 25, 2020, the Defendant driven a E-Track vehicle under the influence of alcohol concentration of about 0.057% from the 2km section to the roads in Ulsan-gu, Ulsan-gu, Ulsan-gu C, Ulsan-gu, and up to D-do.

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 of his/her circumstantial statement, criminal records, and criminal investigation reports (the same kind of records) as a result of crackdown on drinking driving;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 defendant shall be determined in consideration of all the conditions of sentencing against the defendant, including the circumstances leading to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;