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 August 9, 2017, the Defendant received a summary order of KRW 4 million from the Ulsan District Court due to a violation of the Road Traffic Act.

On June 27, 2020, at around 03:59, the Defendant driven a e-motor vehicle under the influence of alcohol concentration of about 0.162% in a section of about 3 km from the front of C in Ulsan-gu, Ulsan-gu to the front of D, Ulsan-gu, Ulsan-gu.

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

1. Application of Acts and subordinate statutes of one copy of the inquiry report, such as criminal records, investigation report, and summary order;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The circumstances at a disadvantage: although the defendant had been punished for driving under the influence of alcohol in 2017, he again committed the crime of driving under the influence of alcohol again for three years only, in light of the social harm and danger of driving under the influence of alcohol, the nature of the crime is heavy, the possibility of criticism is considerable, and the crime in this case is driving under the influence of alcohol at a certain distance under the high level of alcohol concentration, and there is a need for strict punishment against the defendant as it constitutes a driving under the influence of alcohol to the extent that it may pose a significant threat to the safety of general traffic: The defendant is recognized as having committed his crime, and the defendant would not commit the same kind of crime again.