A defendant shall be punished by imprisonment for a term of one year and two months.

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 December 29, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2.5 million with the same crime at the Ulsan District Court on May 24, 2012, a summary order of KRW 2.5 million with the same crime at the Ulsan District Court on September 1, 2014, and a summary order of KRW 5 million with the same crime at the Ulsan District Court on September 1, 2014.

【Criminal Facts】

On March 10, 2020, at around 01:38, the Defendant driven a D-hurd motor vehicle with a blood alcohol concentration of about 0.060% in the section of about 6 km from the front of the Ulsan-gu apartment unit B apartment to the front road of the same Gu C, while under the influence of alcohol concentration of about 0.060%.

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. Notice of the result of the control of drinking driving, report on the situation of drinking drivers, and report on the handling of 112 reported cases;

1. Application of three copies of the inquiry report, such as criminal records, investigation report, and summary order under the Acts and subordinate 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

D. Unfavorable circumstances: A favorable circumstances such as the fact that the defendant had been punished for driving under the influence of alcohol even though he had the past three times, again committed the crime of driving under the influence of alcohol, and the nature of the crime is heavy, the possibility of criticism is high, and the contents and attitudes of the crime as mentioned above are combined with the social harm and danger of driving under the influence of alcohol, and there is a strict need for punishment against the defendant.