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 November 30, 2009, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On November 4, 2019, at around 05:38, the Defendant driven D Kazon car with blood alcohol concentration of 0.124% while under the influence of alcohol on the front of C in Ulsan-gu B.

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 results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Related photographs;

1. Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of Acts and subordinate statutes of one 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 of education under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents the crime; the defendant has the record of drinking driving twice but there is no criminal record exceeding the fine; the contact accident occurred at the time when the defendant starts drinking operation; and the defendant's records such as blood alcohol concentration and alcohol concentration level at the time of the crime, age, character and behavior, environment, motive, means and consequence of the crime; and the punishment should be determined as ordered by taking full account of all the circumstances recorded in the records such as the circumstances after the crime.