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] On February 4, 2008, the Defendant issued a summary order of KRW 500,000 to the Ulsan District Court for a violation of the Road Traffic Act (driving). On December 20, 2010, the same court issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act (driving). On June 24, 201, the same court issued a summary order of KRW 4,00,000 to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On May 11, 2020, at around 23:02, the Defendant driven an E-high-speed car at a distance of approximately 100 meters from the street in front of the Kando Hospital in Ulsan-gu B to the D’s street, while under the influence of alcohol content of about 0.119%.

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 application of Acts and subordinate statutes of Part III of summary order, such as inquiry about the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver (the previous record), criminal records, etc.;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced three times for the same crime. However, the confession of the crime of this case is made, the mistake is being divided, the crime of the same kind has no record of punishment exceeding a fine, and the crime committed not later than nine years ago, and other various sentencing factors, such as the defendant's age, environment, family relationship, health status, the degree of blood alcohol concentration and driving distance, and the circumstances after the crime, shall be determined as ordered in consideration of various sentencing factors.