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 July 28, 2010, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Ulsan District Court.

On March 24, 2020, at around 03:15, the Defendant driven a e-manufactured car from the front side of the Cju store in Ulsan-gu, Ulsan-gu, to the front side of the D, Ulsan-gu, with approximately 2km alcohol concentration of about 0.228%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of one copy of the criminal history record, reference report, investigation report (Attachment of a summary order), and summary order;

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. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving twice; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense;