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 November 10, 2008, the Defendant was sentenced to a summary order of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act (Refusal of measurement), etc., and on December 29, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 years by imprisonment for a violation of the Road Traffic Act.

On August 9, 2020, the Defendant: (a) around 19:52, the Defendant: (b) driven C Launa car with a blood alcohol concentration of about 0.157% from the 300-meter section to the roads of the same city apartment, which is located in the north-si, Yangsan-si; and (c) violated the prohibition on drinking driving or drinking alcohol measurement twice or more.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, the results of the crackdown on drinking driving, and the investigation report on the results of the crackdown on drinking driving (the report on the circumstances of the drinking driver);

1. Previous records of judgment: Criminal history records, inquiry reports (verification of records, such as a suspect's driving under influence), summary orders, and application of Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant was punished by a fine twice due to drunk driving and by a suspended sentence of imprisonment once, the instant crime was committed, and the blood alcohol level at the time was considerably high by 0.157%, and the risk of drinking driving was realized, which caused the accident of breaking the parked vehicle during driving. Meanwhile, the Defendant recognized the instant crime. Meanwhile, there is considerable interval between the previous conviction and the instant crime, the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the age of the Defendant, the environment, and the criminal records, etc., are considered, and the punishment is determined as ordered.