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 December 14, 2016, the Defendant was issued a summary order of a fine of one million won by the Ulsan District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 5, 2020, at around 21:55, the Defendant driven C-5 car while under the influence of alcohol of about 0.061% in the section of approximately 5.9 km from the front of the port of North Korea in Ulsan-gu to the front of the same Gu.

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 a drinking driver;

1. Application of Acts and subordinate statutes of one copy of the inquiry report, such as criminal records, investigation report (report accompanied by a summary order of the same kind of power), and 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence 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.

The defendant was punished for a drunk driving in 2016 but repeats the crime of a drunk driving in a relatively short period of time, considering the social harm and danger of a drunk driving in light of the nature of the crime, the possibility of criticism is high, the distance of a drunk driving is considerable: The defendant's perception of his/her crime and reflects his/her mistake in depth, the degree of alcohol level is not very high, and the danger of ordinary traffic such as a traffic accident is not actually occurred due to a drunk driving. The defendant is sentenced to a suspended sentence due to habitual larceny, etc.