Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 11, 2014, the defendant has been notified of a summary order of KRW 5 million by the Ulsan District Court due to the violation of the Road Traffic Act.

On August 29, 2020, at around 03:35, the Defendant driven a F UAD car while under the influence of alcohol content of about 0.110% at the section of about 3km from the Do in front of “E” in Yongcheon-si B to the front road of “E” located in D.

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

Summary of Evidence

1. A written statement of the defendant in court;

1. Reports on the statement of the situation of a drinking driver, and photographs, such as the scene and vehicles of the drinking driving control;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to the prosecution investigation report (verification of criminal records of the same kind);

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. Although Article 62-2 of the Probation Criminal Act has a history of punishment for drunk driving for the reason of sentencing, the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment by the social request that eradicates the harmful effects of drunk driving, makes it clear that the blood alcohol concentration exceeds the license standard, the blood alcohol concentration exceeds the license standard at the new wall time, and when it is discovered that the blood alcohol concentration was driven significantly, the traffic control was exposed to the highest level of the drinking control, the traffic police officers would go through the control police officers. Above all, at the time of the crime of the judgment, the crime was committed by the crime of "social distance keeping" and the situation where all citizens refrain from the group of friendship as well as the group of friendship. In full view of the fact that the crime was committed at the time of August, 200, it cannot be deemed that the punishment for the crime cannot be easily seen as being committed, and in light of its character and behavior, it is necessary to make a strict warning. However, there is no record of punishment above the previous suspension of execution, and it is poor.