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

[Criminal Power] On December 2, 2015, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 22:20 on April 11, 2020, the Defendant driven a NAS car under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.064% from the 50-meter section from the front of the cafeteria in Ulsan-gun, Ulsan-gun to the front of the D Service Center in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to inquiry reports, such as inquiry reports on the results of crackdown on drinking driving, report on the circumstantial statements of a drinking driver (pre-time) criminal records, and investigation reports (report on confirmation of the same kind of force);

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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime. However, the confession of the crime of this case has been made and the mistake has been divided as well as there has been no record of punishment exceeding the fine, and other factors of sentencing including the defendant's age, environment, family relationship, blood alcohol concentration and driving distance, conditions after the crime, etc. shall be determined as ordered by the order.