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 May 31, 2007, the Defendant received a summary order of KRW 2.5 million from the Ulsan District Court to a fine of KRW 2.5 million, and on March 9, 2009, the Defendant was sentenced to a fine of KRW 2.5 million from the Busan District Court for the same crime.

【Criminal Facts】

On October 25, 2019, at around 21:20, the Defendant driven a Flearning car in the state of alcohol alcohol concentration of about 500 meters from the road near C located in Ulsan-gun B to the front road located in D in the same Gun.

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. The application of Acts and subordinate statutes to inquiry reports, such as inquiry reports on the results of crackdown on drinking driving, report on the circumstantial statements of a drinking driver (pre-posted records), criminal records, and investigation reports (report on confirmation of the same kind of force);

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than 10 million won and not more than 20 million won] have been sentenced four times for the crime of drunk driving. However, there is confession to commit the crime of this case, mistake is divided, and there is no record of punishment exceeding the fine for the crime of drunk driving. The record of drunk driving is the crime of not less than 10 years prior to the total period of ten years, the fact that he raises a minor, the fact that he is raising a minor, the defendant's age, environment, the distance of driving with blood alcohol concentration and the conditions after the crime, etc. shall be determined as ordered by the disposition of this case in consideration of various sentencing factors.