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 February 11, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On June 23, 2020, at around 01:43, the Defendant driven a C Ecoo vehicle with a blood alcohol concentration of about 0.088% from the 3km section from the front of Ulsan-gun, Ulsan-gun, to the front road of the Gu, Seo-gu, Seo-gu, Dong-gu, the same military offender for profit-making.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);

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 as ordered shall be determined in consideration of all the circumstances indicated in the records, such as the circumstances under the reason for sentencing under Article 62-2 of the Criminal Act, the age, character and conduct, environment of the defendant, and circumstances after the crime;

Unfavorable circumstances: The fact that there has been a history of being punished several times due to drinking driving, the fact that the level of drinking alcohol is relatively high: The fact that one's mistake is recognized and the fact that there is no record of being punished due to drinking alcohol since 2008.