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

【Criminal Power of Crimes】 On December 15, 2006, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving of Drinking), the summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving of Drinking), and the summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 1.5 million on August 18, 2008, respectively.

【Criminal Facts of Crimes】 On May 10, 2020, the Defendant driven E-wit truck with approximately 300 meters alcohol concentration 0.115% under the influence of alcohol in the section of approximately 300 meters from the garden near Ulsan-gun Village B, Ulsan-gun, to the front of D in C.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more 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 the drinking-driving driver;

1. Inquiry reports, such as criminal records, investigation reports (Attachment to attached criminal records of the same kind of crime), and application of three copies of written judgments;

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.

D. Unfavorable circumstances: A favorable circumstances such as the defendant's records on the records of criminal records, which have been punished three times or more due to drinking driving, but again came to commit the crime of drinking driving; the crime's nature is heavy in light of the social harm and danger of drinking driving; the possibility of criticism is high; and the degree of alcohol concentration in blood corresponds to the cancellation of license: the defendant.