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 June 18, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 1.5 million for the same crime at the same court around March 15, 2010.

On April 21, 2020, at around 22:07, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of about 0.07% from the 8km section in the middle-gu, Ulsan-gu, U.S. to the air condition of the coolant distance in front of the street of the “C” located in the Nam-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

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. Inquiries, reports on the failure of dispositions, the results of confirmation, and the application of Acts and subordinate statutes of one summary order; and

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 taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving twice; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense;