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 April 18, 2019, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On May 29, 2020, at around 02:00, the Defendant driven a vehicle of Ulsan-gu W from the south-gu, Ulsan-gu to the front road of the Arts Center located in the 183 Nam-gu, Ulsan-gu, Ulsan-gu, U.S., U.S., with the blood alcohol content of about 2 km at approximately 0.221%, while under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking 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 judgment: Application of criminal records, reply reports, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the community service and order to attend lectures [the scope of the punishment by law] The sentence is not set in one year to two years and six months [the sentencing guidelines]. The sentence shall be set as the order, comprehensively taking into account all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the background and result of the crime of this case, circumstances after the crime, etc., along with the suspended sentence of two years and the community service order, and the sentencing conditions for the defendant as stated below.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished once a drunk driving, even though he/she had the history of punishment, he/she is driving in this case; he/she has a high blood alcohol concentration; and he/she causes an accident that causes an accident that causes a sudden vehicle during a drunk driving in this case: a suspended sentence.