A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 14, 2001, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic laws at the Ulsan District Court on December 14, 2001, and on May 2, 2012, the same court issued a summary order of KRW 4 million due to a violation of road traffic laws.

On September 10, 2020, the Defendant driven a F Kanop vehicle under the influence of alcohol 0.105% from a section of approximately 7 km to the front road of the E-Motor vehicle maintenance industry located in Ulsan-si, Ulsan-si, Seoul-si, to the same city-gun, with a view to alcohol leveling from around 15:00 to the front road of the E-motor vehicle maintenance industry.

Accordingly, the Defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of written judgments on the same kind of criminal suspect and summary orders), written judgments, and summary orders;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the number of alcohol content of the defendant's blood, the distance of driving alcohol, the age of the defendant's age after the crime, the circumstances leading to the low driving of the fee and alcohol in the morning, etc., the defendant has been punished for the crime of violating the Road Traffic Act several times in addition to the previous conviction in the judgment. In particular, the defendant has the record of being punished for the crime of the same kind of crime, and there is a considerable interval of time between the previous conviction or the previous conviction and the crime in the case of this case, and the motive and background of the crime, method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and the relationship of the previous conviction, etc. are considered.