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

On March 14, 2014, the Defendant was issued a summary order of KRW 1,500,000 by the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On April 6, 2020, at around 05:15, the Defendant driven a F bargaining passenger car under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.10% from the section of approximately 300 meters from the Do adjacent to C elementary school located in Ulsan-gu B to the road of “Eriju station” located in the same Gu D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement G, each written statement of H which is reported as a result of the drinking control of drinking drivers, and the circumstantial statement of the drinking drivers;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry reports (A), investigation reports (verification reports on suspect drinking records and records of re-offending of drunk driving), and application of summary order-related Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the School was that the police patroled caused the accident of taking the patrol vehicle that was parked prior to the wind of the vehicle, which was removed from the balk without shoulder, while under the influence of alcohol, while the defendant was under the influence of alcohol by stopping at the middle of the road. The danger of drinking driving was realized. At the time, the blood alcohol level of the vehicle was 0.100%; the defendant had the history of being punished by the drinking driving as stated in its holding; the defendant recognized the crime; the defendant has no history of being punished in excess of the fine; the motive and background of the crime; the method and consequence of the crime; the circumstances of the crime after the crime; the defendant's age; and the criminal record.