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

[criminal power] On June 15, 2016, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 2 million for the same crime at the same court on June 7, 2019.

【Criminal Facts】

On January 1, 2020, at around 22:23, the Defendant driven a FW car under the influence of alcohol level of about 0.046% from a 400-meter section from the front road in Yangsan City B to the front road in D in the same city.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (report on the circumstances of an immigration driver) and report on the circumstances of an immigration driver;

1. Previous records of judgment: Criminal records, etc. inquiry inquiry reports and application of double copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The fact that the Defendant committed the instant drinking-driving crime even though he had been punished twice due to drinking-driving prior to the reason for sentencing under Article 62-2 of the Criminal Act is disadvantageous to the Defendant.

At the time of the instant case, the Defendant’s blood alcohol concentration level is not high, the risk of traffic accidents is not realized due to this case’s crime, the short distance of this case’s driving, the Defendant recognized and opposed to the crime, and the fact that there is no particular criminal record except the criminal records in the judgment, etc. are favorable to the Defendant.

In addition, the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc. are all the conditions of the punishment as shown in the records and arguments.