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 May 15, 2013, the Defendant was given a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Daegu District Court Port Support on May 15, 2013.

On July 12, 2019, at around 00:38, the Defendant driven a F vehicle with a blood alcohol concentration of about 0.130% in the section of approximately 100 meters from the road front of the E cafeteria located in Ulsan-gu B to the front of the E cafeteria located in D.

Accordingly, the defendant was driving under drinking 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 statement of the situation of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the reason for sentencing of Article 62-2 of the Criminal Act is recognized, and the fact that there is no previous conviction exceeding the fine is favorable to the defendant.

On the other hand, the fact that blood alcohol concentration is high and that one time before drinking driving is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.