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 March 19, 2007, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act from the Daegu District Court and its racing support.

On July 19, 2019, at around 23:20, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of about 0.137% in a section of about 500 meters in the vicinity of the E elementary school located in the same Gu at the C cafeteria in Ulsan-gu B, Ulsan-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the report on the actual state of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. Recognizing the facts charged of sentencing under Article 62-2 of the Criminal Act, the fact that the sentence of Article 62-2 of the Order to Attend the lecture exceeds ten years from the time of driving, and that there is no previous conviction exceeding the fine is favorable to

On the other hand, the fact that blood alcohol concentration is high and that one time before drinking driving is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.