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 12, 2008, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on July 15, 2008, a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on July 2, 2009, and a summary order of KRW 7,00,000 for a fine of KRW 2,00 for a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 1, 2014, respectively.

On June 13, 2020, at around 18:45, the Defendant driven a DNA car with a blood alcohol concentration of 0.126% from the 3km section from the front side of Ulsan-gun, Ulsan-gun, to the front side of Ulsan-gun, Ulsan-gun, the Defendant driven a DNA car with a alcohol concentration of 0.126%.

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. The actual condition survey report;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Inquiries, reports on the results of confirmation of the dispositions not yet made, and the application of each summary order statutes;

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 are to be determined as ordered by considering all the circumstances revealed in the records, such as the defendant's blood alcohol concentration and alcohol level, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the crime, the defendant confessions the crime of this case and repents the criminal of this case, the defendant's history of drinking driving has five times a fine, physical damage has occurred due to drinking driving.