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 December 18, 2017, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 15 million by the same court on December 21, 2017, respectively.

【Criminal Facts】

On May 23:18, 2020, the Defendant driven a motor vehicle in the E Spo-type under the influence of alcohol level of about 0.142% in approximately 600 meters from the 600-meter section to the front road of the same Gu D Apartment.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Involving the defendant's legal statement, the report on the situation of the driver's oral statement, and the records of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished twice due to the violation of the Road Traffic Act.

The defendant's blood alcohol concentration is very high.

However, it shall be considered that there is no criminal history exceeding the fine for the defendant, the distance of the defendant's driving is relatively short, etc. due to favorable circumstances.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, family environment, circumstances after the crime, and circumstances after the crime.