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 April 21, 2008, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on April 21, 2008, and on July 16, 2009, the same court issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act. In addition, the Defendant was punished for a drunk driving twice more.

At around 22:40 on May 10, 2019, the Defendant driven an E K5 vehicle from around 300 meters away from the roads adjacent to the “C Frequency” road located in G in G in Esisisib to the roads located in D while under the influence of alcohol of 0.094% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the defendant who has been under the influence of drunk driving not less than twice, and the nature of the crime is not less than that of the defendant, and the defendant has a record of being punished by a fine due to the detection of drunk driving, etc. four times.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the sentence as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) the defendant has no record of punishment heavier than the suspension of execution; (c) the defendant has not been punished yet; and (d) the defendant's drinking driving force has passed at least ten (10) years since the date of the crime in this case;