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

【Criminal Power】 On July 2, 2009, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Ulsan District Court, a summary order of KRW 2 million for the same crime in the same court on July 1, 201, and a summary order of KRW 7 million for the same crime in the same court on July 6, 201, respectively.

【Criminal Facts of Crimes】 On June 11, 2020, the Defendant driven a motor vehicle E in the condition of under the influence of alcohol with approximately 2 km alcohol concentration of about 0.157% from the 2km restaurant in Yangsan-si B to the front road in Yangsan-si.

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;

1. Investigation report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous records of judgment: Criminal history records, etc. and application of three-minutes of summary order 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Although an order to attend a lecture or an order to provide community service had been served three times prior to the reason for sentencing under Article 62-2 of the Criminal Act, the Defendant committed the crime of drinking alcohol in this case at the same time, and the Defendant’s blood alcohol concentration level at the time is high and thus, the liability for the crime is not less weak, etc. are unfavorable to the Defendant.

The circumstances are favorable to the defendant, such as the fact that the risk of traffic accidents has not been realized due to these crimes, the fact that the defendant recognizes the crime and is against the depth, and there is no record of punishment exceeding the fine.

In addition, the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, and crime.