A defendant shall be punished by imprisonment for a term of one year and two months.

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 December 4, 2015, the Defendant received a summary order of KRW 1 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Ulsan District Court on March 7, 2018, a fine of KRW 2.5 million for the same crime at the same court on March 7, 2018, and a fine of KRW 3 million for the same crime at the same court on May 2, 2018.

【Criminal Facts】

On April 17, 2020, at around 22:22, the Defendant driven a FM6 car under the influence of alcohol 0.102% alcohol concentration from the Do in front of the restaurant C to the front road of the E secondary school located in the same Gu D from the Jung-gu, Ulsan-gu, Seoul.

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. G statements;

1. Notification of the results of the control of drinking driving, a report on the situation of drinking drivers, each internal report, ctv video closures (five copies);

1. An inquiry report, such as a criminal history record, an investigation report, and the application of Acts and subordinate statutes of three copies of a summary order;

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 punishment 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: Although the defendant had been punished three times or more as stated in the records of the criminal records in the judgment of the court, he committed another crime of drunk driving again only for two years, and considering the social harm and danger of drunk driving, the nature of the crime is considerably heavy, the possibility of criticism is high, the distance of drunk driving is not short, and the degree of alcohol concentration in blood is also high as the ground for revocation of the license, etc.