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 became final and conclusive.

Punishment of the crime

On July 26, 2011, the defendant was issued a summary order of KRW 4 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

On January 14, 2020, at around 20:45, the Defendant driven an E-cracked car under the influence of alcohol content of approximately 0.047% from a point of approximately 500 meters from the front of Ulsan-gun B to the front of D kindergarten located in Ulsan C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning criminal records and summary order when the defendant's legal statement is made, the report of his/her oral statement, and records of drinking driving control;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence against the defendant shall be determined in consideration of the overall sentencing conditions against the defendant, including the background leading up to the driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, the blood alcohol concentration, the driving distance, the criminal punishment records, the circumstances after the crime, and the health conditions;