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 15, 2011, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On September 21, 2019, at around 19:14, the Defendant driven a DNA low-speed vehicle with approximately 5 km section from Ulsan-gu B apartment to the front of the same Gu C, while under the influence of alcohol content of 0.110%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the result of the crackdown on drinking driving, and a statement on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders of the same kind of power;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: (a) Defendant confessions himself/herself and repents the instant crime; and (b) Defendant has the career of drinking driving three times but there is no criminal records exceeding the fine; and (c) Defendant’s overall records, such as blood alcohol concentration and alcohol level at the time of committing the instant crime, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the instant crime, etc. are comprehensively taken into account; and (d) the punishment as