A defendant shall be punished by imprisonment with prison labor for up to six months.

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 August 24, 201, the Defendant received a summary order of KRW 5 million from the Ulsan District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On May 15, 2012, the Defendant had a record of being sentenced to a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (driving) in the same court.

【Criminal Facts】

On June 6, 2019, at around 16:50, the Defendant driven a motor vehicle owned by the Defendant under the influence of alcohol leveling 0.221% of blood alcohol level from the 1km section from the front of the road in Ulsan-gu, Ulsan-gu, Seoul-do to the front of the cultural distance in the same city-dong, Jung-gu.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less 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 the confirmation of criminal records of the same kind);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., even though he/she had been punished several times for the same crime, is disadvantageous to the defendant who again committed the crime of this case.

However, in light of the fact that the defendant led to the crime of this case and repented his mistake, the blood alcohol concentration and driving distance, and other factors of sentencing, such as the age, environment and circumstances after the crime, the punishment as ordered shall be determined.