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 February 6, 2020, the Defendant was charged with summary charges of violating the Road Traffic Act with the Ulsan District Court.

【Criminal Facts of Crimes】 On February 4, 2020, the Defendant driven a motor vehicle in the Esp-type under the influence of alcohol concentration of about 0.106% at the section of about 11km from the front of the B apartment in Yangsan City to the front of D in Yangsan City, Yangsan-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. On-site internal investigation reports, report on the situation of on-site drivers, report on the circumstantial statements of on-site drivers, and investigation report (report on the circumstances of on-site drivers);

1. Previous records: A written inquiry of criminal records, etc. and the application of Acts and subordinate statutes attached to a indictment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Although a summary indictment was made for driving under drinking prior to the reason for sentencing under Article 62-2 of the Criminal Act, the fact that the Defendant committed the instant crime of drinking alcohol within a short time, and that the Defendant’s blood alcohol concentration level at the time was high, and that the Defendant’s liability for the crime is not less light, etc. is disadvantageous to the Defendant.

The circumstances are favorable to the defendant, such as the fact that the defendant is recognized as committing the crime and is against the fact that the summary indictment on the facts constituting the crime in the judgment is the first offender with no particular criminal power, and the risk of traffic accidents has not been realized due to the crime in this case.

In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.