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 27, 2007, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Ulsan District Court, and issued a summary order of KRW 5 million as a fine in the same court on December 26, 2013.

On September 15, 2020, at around 20:57, the Defendant driven a Category C car on the front road of the B apartment at approximately 1 km, a water-fighting unit located in Ulsan-gun, Ulsan-gun, and the front road of the B apartment, while under the influence of alcohol by 0.14%.

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. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (number 12), investigation reports (verification of the same type of power);

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 are to be determined as ordered by taking full account of all the circumstances revealed in the records, such as the defendant's blood alcohol concentration and alcohol level, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of committing the crime, the defendant has led to his/her confession of the crime of this case and is repented three times, his/her history of drinking driving style exceeds the fine, there is no record of criminal punishment exceeding the fine.