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 October 1, 2009, the Defendant was issued a summary order of KRW 2 million by the Busan District Court due to a violation of the Road Traffic Act.

On March 15, 2020, at around 20:01, the Defendant driven DK7 car in the state of alcohol with approximately KRW 7 km alcohol concentration of about 0.157% from the Do in front of Ulsan-gu B to the route of the same new-dong industrial tower in the same Gu.

Accordingly, the Defendant violated the prohibition of drinking under the influence of alcohol twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes on the confirmation of force of drinking alcohol and the same kind of power;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: high drinking water, circumstances favorable to the defendant who has been punished twice due to drinking driving: The fact that there exists no record of punishment due to drinking driving for the last ten years, and that the defendant recognized his mistake and against himself; and