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 January 19, 2007, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Ulsan District Court.

On September 14, 2019, at around 18:05, the Defendant driven a D liquid sports car in the state of alcohol alcohol concentration of 0.063% in the section of approximately two meters from the entrance area of C elementary school located in Ulsan-gu B to the front crosswalk of the same elementary school.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the actual state of drinking drivers, the report on the actual state survey, and photographs; and

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. It is the circumstances favorable to the defendant that recognized the facts charged for sentencing under Article 62(1) of the Criminal Act, that the blood alcohol concentration is not relatively high, and that the distance of driving is short.

On the other hand, the fact that the drinking driving has a previous and a single time, and the fact that the traffic accident occurred is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, economic ability, environment, motive for crime, etc., shall be determined as per the disposition.