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

At the Ulsan District Court on January 30, 2008, the defendant has the record of being notified of a summary order of a fine of one million won or more for a violation of the Road Traffic Act, and on November 28, 2008, a summary order of 2.5 million won or more for the same crime in the same court.

On July 3, 2020, at around 20:05, the Defendant driven a two-wheeled vehicle E 124c or two-wheeled under the influence of alcohol concentration of 0.125% in the section of approximately 300 meters from the G restaurant in Ulsan-gu B to the front of the same Gu.

Summary of Evidence

1. Report on the defendant's legal statement, the results of crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished three times due to drinking driving, but he/she has also done a drinking driving; and the circumstances favorable to the fact that the accident that causes a shock of a vehicle parked due to drinking driving of this case has already been caused: the defendant is against himself/herself.