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 May 25, 2011, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act.

On December 29, 2019, at around 04:50, the Defendant driven BK car at a section of about 500 meters around the parking lot located in the Southern-gu, Nam-gu, Ulsan-gu, Seoul-do, where the blood alcohol concentration of 0.089% was drunk.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Pre-disposition, report on the result of confirmation, and application of Acts and subordinate statutes of a 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. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are recognized to have their mistakes and reflects, the fact that the defendant has no record of being punished in excess of the fine is favorable, the defendant has a record of being punished once for drunk driving, and the fact that a traffic accident has occurred while drunking in violation of the signal at the time of drunk driving in this case shall be considered disadvantageous circumstances, and the punishment as ordered shall be determined by comprehensively taking into account all the other circumstances indicated in the records, such as blood alcohol concentration and alcohol level, the distance of the defendant's age, character and behavior, environment, and circumstances after the crime.