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 April 13, 2010, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Sung-nam branch of Suwon District Court as a result of the violation of the Road Traffic Act.

On May 23, 2020, at around 08:15, the Defendant driven a DNA car under the influence of alcohol leveling 0.206% of alcohol level from the front side of Ulsan-gun B to the front side of Ulsan-gun C, Ulsan-gun.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

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. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving twice; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense;