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 December 10, 2010, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On December 24, 2019, at around 23:36, the Defendant driven an Ei30 vehicle while under the influence of alcohol content of about 0.11% from approximately 300 meters to the Nam-gu, Ulsan-gu D, Ulsan-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol 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 a report on investigation (report on confirmation of the same kind 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. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished once due to drunk driving, but there is no other criminal record, the fact that he/she has recognized his/her mistake and reflects his/her mistake, and other circumstances recorded in the records, such as blood alcohol concentration and the distance of drunk driving, the age, character and conduct of the defendant, the character and environment, and the circumstances after the crime, etc., shall be determined as ordered.