A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 1, 2006, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Ulsan District Court on December 1, 2006, and the same court on November 4, 2008 was sentenced to a fine of 2 million won for the same crime.

Nevertheless, at around 23:55 on September 1, 2020, the Defendant driven D Eccoo vehicle volume while under the influence of alcohol concentration of 0.205% by driving a ecoo vehicle while under the influence of alcohol concentration of 0.205% on the front road in the same city B at the same place in Yangsan-si.

Accordingly, the defendant was driven under drinking not less than twice.

Summary of Evidence

1. Part of the defendant's report on his/her statutory statement, statement, control of drinking driving and inspection (blood collection result), and written request for appraisal of his/her circumstantial statement;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and Acts and subordinate statutes attached to summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act (the scope of the punishment by law) (the sentencing guidelines) is not set. The sentence shall be set as the order, comprehensively taking into account the following circumstances: (a) the Defendant’s age, family relation, growth process, character and behavior, living environment, the background and result of the instant crime; and (b) all of the sentencing conditions specified in the instant records and arguments, including the circumstances after the commission of the crime, together with an order to attend a lecture and the order to attend a lecture for one year (the sentencing guidelines) and one year to two years and six months (the sentencing guidelines).

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished three times due to a drunk driving, even though he/she had a record of punishment, and he/she is driving under the influence of alcohol in this case; and a normal condition favorable to his/her driving under the influence of alcohol level exceeding 0.2%.