A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On August 1, 2017, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Ulsan District Court.

[2] Around July 10, 2020, the Defendant had been punished for a violation of the Road Traffic Act (driving alcohol) as above, but was under the influence of alcohol level of 0.168% during blood, the Defendant driven approximately KRW 400 cc from the front side of the road located in Pyeongtaek-si B to the front side of the E store located in Pyeongtaek-si D until Pyeongtaek-si D.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same record as the suspect) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

Unfavorable circumstances: The fact that he/she has had the record of being punished for driving under the influence of alcohol, but again drives under the influence of alcohol, the circumstances leading up to the detection, and the degree of alcohol level at the time of his/her blood: The fact that he/she recognizes and reflects the crime, and that he/she has no record of crime other than the previous criminal record.