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 February 26, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Ulsan District Court, and on March 15, 2010, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.

On October 14, 2019, at around 22:11, the Defendant driven a F Ecoo vehicle under the influence of alcohol with approximately KRW 200 meters alcohol concentration of 0.073% from the front road in Ulsan-gu B to the front road of the Ecoo-gu, Ulsan-gu.

As a result, the Defendant violated the regulations on the prohibition of drunk 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. The application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (Attachment to judgments on criminal records of the same kind);

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 three times; 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