A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 5, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Ulsan District Court.

At around 22:50 on June 29, 2020, the Defendant driven a FK5 passenger car under the influence of alcohol with approximately four kilometers of alcohol alcohol concentration 0.182% from the front of “C” located in Ulsan-gun B to the roads of “Ehigh school” located in the same Gun D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. A written statement of the defendant's legal statement, the written statement made by the defendant, 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, return on investigation (report on confirmation of the same kind of power), judgment, and application of Acts and subordinate statutes related to summary order;

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 Code of the Order of Education and the Order of Community Service [the scope of the sentence imposed under the law] The sentence is not set [the sentencing guidelines] 1 year to 2 years and 6 months. The sentence is set as the order, comprehensively taking into account all the sentencing conditions of the instant case including the Defendant’s age, family relation, growth process, character and behavior, living environment, the background and result of the instant crime, the circumstances after the crime, and the circumstances after the crime.

Unfavorable circumstances: a dangerous criminal who may cause fatal damage to the life and property of another person as well as his/her own, and the defendant has already been punished four times due to a drunk driving, and he/she was sentenced to a suspended sentence of imprisonment with prison labor for the preceding four times among the records of a drunk driving and was sentenced to a suspended sentence of imprisonment with prison labor for the same year.