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 17, 2010, the Defendant was sentenced to a fine of one million won by the Ulsan District Court for a violation of the Road Traffic Act.

On July 10, 2019, at around 23:15, the Defendant driven B 2 cargo vehicles under the influence of alcohol content of about 0.121% in the section of approximately 8km from the north-dong of Ulsan-gu to the lower side of the New Triho Tridong located in Ulsan-dong.

Therefore, although the defendant had a record of punishment more than once due to drinking driving, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry reports, such as inquiry reports on the results of crackdown on drinking driving, criminal records, etc. and investigation reports (attached to summary orders in the same case);

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. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have served as one time for the defendant to be punished for the same crime. However, the punishment as the order shall be determined in consideration of various sentencing factors, such as the accused's age, environment, health conditions, blood alcohol concentration and driving distance, and circumstances after the crime, etc., although the defendant has served for the reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, he/she is led to the confession of the crime in this case, and there has been