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 June 18, 2009, the defendant was issued a summary order of 2.5 million won by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 7, 2020, at around 03:20, the Defendant driven a B oper vehicle under the influence of alcohol content of approximately 0.075% at a section of approximately 1.5km from the upper village of the city library, the 3rd-dong library in Ulsan-gu, Ulsan-gu, Seoul-do, to the upper village of the 1.5km-dong library.

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. Inquiries about the results of crackdown on drinking driving, the statement on the circumstances of drinking drivers [the previous record] criminal records, etc., and the application of a summary order under statutes;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and 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 ten million won but not more than 20 million won] have been sentenced to a fine for the same kind of crime; however, there is a confession of the crime of this case; there is no record of punishment exceeding the fine; there is no record of conviction exceeding the fine; the most recent record of the crime is the crime committed not less than 11 years; the defendant's age, environment, blood alcohol concentration and driving distance; the most recent record of the crime is the crime committed not less than 11 years; and other various sentencing factors, such as the defendant's age, degree of family relation alcohol concentration and driving distance; and circumstances after the crime, etc.