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 June 16, 2020, the Defendant driving a motor vehicle under the influence of alcohol level of 0.062% with a blood alcohol level of 0.062%, and filed a summary order with the Ulsan District Court on July 7, 2020.

On July 20, 2020, at around 21:15, the Defendant driven a Grand Co., Ltd. under the influence of alcohol of about 40km from the 40km section to the roads near the Dokdong-gun, the Dokdong-gun, in front of his house located in the Haak-gun B, to the Dokdong-gun, the Defendant driven a Grand Co., Ltd. under the influence of alcohol concentration of about 0.097%.

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

Summary of Evidence

1. Defendant’s legal statement, report on the status of his driving under the supervision of the main driver, investigation report on the circumstantial statement (report on the circumstances of the main driver);

1. Previous records of judgment: Criminal history records, investigation reports, one copy of summary order, and one copy of indictment in the application of 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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant was sentenced to a fine on one occasion in 2005 due to a drunk driving, and was under the judicial procedure due to a drunk driving on June 2020, and was under the influence of alcohol.

The police officer reported and escaped from drinking control.

However, the state of exploitation with blood alcohol concentration of 0.097% is not serious.

The driver did not cause a traffic accident while driving.

There shall be no criminal records exceeding fines against the accused.

The defendant is intellectually disabled.

The age, character and conduct, environment, and motive of crime of the defendant;