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 July 2, 2009, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On May 15, 2013, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On June 29, 2019, at around 22:20, the Defendant driven a DNA motor vehicle while under the influence of 0.103% of blood alcohol concentration on a nearby road in Ulsan-gu B, Ulsan-gu. C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of the same kind of records);

1. Relevant Articles 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. Article 62 (1) of the Criminal Act;

1. Determination in consideration of the fact that probation and community service order have been subject to a fine of the same kind for the reason of sentencing under Article 62-2 of the Criminal Act and three times, the last previous conviction is 2013, not leading to an accident, and reflects it;