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 1, 2006, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Ulsan District Court.

On October 25, 2019, at around 20:35, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol leveling 0.036% of alcohol level from the front of the road located in Ulsan-gun B through the Korea National Oil Corporation to the front of the road in D through the Korea National Oil Corporation.

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. Statement on the result of the crackdown on drinking driving, and a statement on the state of drinking drivers;

1. The application of Acts and subordinate statutes on criminal records, reply reports on criminal records, amounts of dispositions, results of confirmation, and summary order;

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 comprehensively taking account of all the circumstances revealed in the records, such as the accused's blood alcohol concentration and values, drinking alcohol density and age, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.