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 October 22, 2013, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

On August 13, 2020, at around 16:25, the Defendant driven an Epic vehicle with a blood alcohol concentration of about 0.132% under the influence of alcohol from around 5m to the D Parking lot in Ulsan-gun, Ulsan-gun, Ulsan-gun.

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 drinking driving control, report on the results of the drinking driving control, report on the situation of drinking drivers, and investigation report (report on the situation of drinking driving);

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

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 for probation and order to attend the course of education are as follows: (a) the accused has led to the crime of this case and is repented; (b) the accused has the ability to drive under influence twice; and (c) the accused has not caused personal injury by drinking driving of this case; and (d) the accused has not incurred until his/her blood alcohol concentration level; (b) the distance of drinking alcohol level; (c) the age and character; (d) the character and character; (e) the motive, means and consequence of the crime; and (e)