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

[Criminal Power] On March 2, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 20, 2019, at around 07:50, the Defendant driven C-3 car under the influence of alcohol content of about 0.067% in a section of approximately 2 km from the road near the park cemetery located in the same Gu and located in the same Dong-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as inquiry about the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver (pre-time) criminal record, etc.;

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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have history of having been punished once for the same crime, but confessions of the crime of this case and repents of errors, and there is no record of punishment exceeding the fine, and other factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, conditions after the crime, etc., shall be determined as ordered in consideration of various factors of sentencing.