A defendant shall be punished by imprisonment for a term of one year and two months.

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 November 30, 2015, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on November 30, 2015, and a summary order of KRW 6.5 million as a fine in the same court on June 21, 2018.

On October 27, 2019, at around 23:35, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 500 meters from the front of Ulsan-gu Btel to the front of Ulsan-gu C, Ulsan-gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Provisions of each of the Acts and subordinate statutes governing criminal records and summary orders pertaining to the defendant's legal statement, the report on his/her circumstantial statement made by the driver under influence of alcohol;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 punishment against the defendant shall be determined by taking into consideration the circumstances leading to the running of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;