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

[criminal power] On February 2, 2018, the Defendant is a person who has received a summary order of a fine of KRW 3 million from the Ulsan District Court as a crime of violating the Road Traffic Act.

【Criminal Facts】

On November 17, 2019, around 15:30 on November 17, 2019, the Defendant driven an E K7 vehicle while under the influence of alcohol leveling 0.097% from the 500-meter section to the front road located in C, from the Busan metropolitan traffic Daegu B to D.

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. Application of Acts and subordinate statutes to a copy of a summary order, such as inquiry about the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver (the previous record), criminal records, etc.;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime; however, there is a confession to commit the crime of this case; there is no other history of punishment; there is no other history of punishment; rearing a minor; the minor is raising the minor; other factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance; and circumstances after the crime, etc., shall be determined as ordered by the order.