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 10, 2014, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On July 24, 2020, at around 22:50, the Defendant driven a DNA car under the influence of alcohol with approximately 3.7km from the front of the “C” restaurant located in Ulsan Nam-gu B to the lower part of the Taecheon-gu, Ulsan-gu, Seoul-do, to the Taecheon-do, Taecheon-do, the Defendant was under the influence of alcohol by 0.070% of blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more 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 to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

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;