A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On March 9, 2015, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act (Refusal of measurement) from the Changwon District Court.

On April 3, 2020, at around 22:40, the Defendant driven a esch Rexn car in the state of alcohol with approximately KRW 2 km alcohol concentration of 0.101% from the section of approximately 2 km to the DNA distance near Ulsan-gun, Ulsan-gun.

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 sentencing under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents the crime; the defendant's history of drunk driving (including four times a suspended sentence of imprisonment), six times (including four times a suspended sentence of imprisonment), and the defendant's blood alcohol concentration and alcohol level at the time of committing the crime; the distance of drunk driving, age, character and behavior; the character and conduct; the motive, means and consequence of the crime; and the records, such as circumstances after committing the crime, shall be comprehensively taken into account;