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 October 13, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act at the Ulsan District Court on December 7, 2016.

On December 21, 2019, at around 02:28, the Defendant driven a B 5-car from the 2km section to the road near the agricultural and fishery products wholesale market wholesale distance located in the 324-ro 324 in Ulsan-gu, Ulsan-gu, Seoul-do under the influence of alcohol concentration of 0.086% of alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol 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 statement on the state of drinking drivers;

1. Criminal history records, inquiry reports, pre-dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes of a summary order;

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 education order under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents the defendant; the defendant's history of drinking driving is two times a fine but there is no criminal record exceeding the fine; and the defendant's records such as blood alcohol concentration level, drinking driving distance, age, character and behavior, environment, motive, means and consequence of the crime, etc. shall be comprehensively taken into account all the circumstances revealed in the records at the time of the crime, and the punishment shall be determined as ordered in the same manner as the order;