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 June 14, 2018, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On July 25, 2020, at around 05:50, the Defendant driven a Esp-type car under the influence of alcohol content 0.148%, while under the influence of alcohol, the Defendant driven a esp-type car with approximately KRW 2.5 km away from the alleyway in Nam-gu, Nam-gu, Ulsan-si, Seoul to the roads adjacent to the intersection of the new paddy field.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the report on the circumstantial statement of the driver, the records of criminal records and investigation reports (the confirmation report of the same kind of records) as a result of regulating drinking driving

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 punishment against the defendant shall be determined in consideration of all the conditions of sentencing against the defendant, including the circumstances leading to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;