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 July 18, 2018, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Ulsan District Court.

On July 22, 2020, the Defendant driven the E Car under the influence of alcohol of about 1.5km from the section of approximately 1.5km to the roads near the Nam-gu D market in Ulsan-si, Ulsan-si, Seoul-si, the Defendant driven the E Car under the influence of alcohol of about 0.121% from the section of approximately 1.5km to the roads near the D market in Ulsan-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (attached to summary orders), and application of one copy of the summary order under Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of others as well as his/her own, and the defendant has been punished two years prior to his/her non-driving due to drinking, but he/she also has a record of punishment, and the circumstances favorable to the driving of drinking in this case: the defendant is against whom he/she is under suspension of execution.