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 May 20, 2015, the Defendant was sentenced to a fine of KRW 5 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On December 29, 2019, the Defendant, while under the influence of alcohol of 0.07:11% of blood alcohol level, driven a francing car at approximately 3 km section from the vicinity of Ulsan-gu C to the front of the E Agency located in D of the same Gu.

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. Application of Acts and subordinate statutes, such as criminal records, inquiries, and judgments in Ulsan District Act No. 2012 highest 3710;

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 sentencing under Article 62-2 of the Criminal Act include the accused's confession and repent of the instant crime, the accused's history of drinking driving is four times (including a suspended sentence of imprisonment) and other all the circumstances shown in the records, such as blood alcohol concentration and alcohol level, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the accused, and the decision of the sentence as ordered in the Disposition;