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 March 28, 2019, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for a violation of the Road Traffic Act at the Ulsan District Court.

Around 04:00 on August 15, 2020, the Defendant driven an Eco-car at approximately 400 meters away from the road front of the D Hospital located in Ulsan-gu B building C, Ulsan-gu, with a alcohol level of 0.140% of blood alcohol level around 04:0.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the results of the drinking driving control, and a statement on the state of drinking drivers;

1. Application of Acts and subordinate statutes, such as a report on investigation (verification of the same type of power), and a statement of criminal records, etc. and a statement of criminal records;

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 crime; the defendant's records of drinking driving are one time suspended sentence; the defendant does not cause any additional damage, such as traffic accidents, due to drinking driving in this case; and the defendant's overall records such as blood alcohol concentration and alcohol concentration level at the time of the crime, the distance of drinking driving, age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be comprehensively taken into account;