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] The Defendant is a person who was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on October 16, 2014 and was sentenced to a suspended sentence of two years for three times in the same kind of force.

【Criminal Facts】

On November 23, 2019, at around 06:59, the Defendant driven a motor vehicle Epote in the state of alcohol with approximately 4km alcohol concentration of about 0.096%, from the front of the Defendant’s residence in Ulsan-gu B to the front of “D” in Ulsan-gu, Ulsan-gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, the report on the circumstantial statements of drinking drivers [before the market] criminal records, etc., written judgments, and application of Acts and subordinate statutes concerning summary orders;

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 and not more than 20 million won] have been punished three times for drunk driving crimes; however, the Defendant led to the instant crime; the driving force of drunk driving is a crime before five years; the Defendant was under the influence of drunk driving after drinking alcohol at home; the Defendant was under the influence of drunk driving; the Defendant was under the influence of driving under the influence of alcohol after drinking alcohol at home; the occurrence of traffic accident was not followed; the Defendant’s age, environment; the Defendant’s age, degree of alcohol content and driving distance; and the circumstances after the crime, etc. shall be determined as the same as the order of punishment in consideration of various sentencing factors, such as the following: