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 March 23, 2016, the Defendant was issued a summary order of a fine of one million won at the Ulsan District Court for a violation of the Road Traffic Act.

【Criminal Facts】 On October 26, 2019, at around 21:10 on October 26, 2019, the Defendant driven Done Star-kick under the influence of alcohol concentration of about 300 meters from around 300 meters to the roads in front of the village, while under the influence of alcohol level of about 0.119%.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation report (Attachment of summary order of the same kind of power);

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;