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

On July 22, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court for a violation of the Road Traffic Act.

On June 23, 2020, at around 00:45, the Defendant driven a mixed C with engine displacement of about 124cc, while under the influence of alcohol concentration of about 2 km from the front line of the defense base located in Ulsan-dong, Ulsan-gu to the roads adjacent to the same Gu B to the same Gu.

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

Summary of Evidence

1. Defendant's legal statement, inquiry into the result of the crackdown on drinking driving and control (blood collection result), request for appraisal of blood alcohol concentration in his/her circumstantial statement of a drinking driver, and response requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (a copy of the same type of judgment, etc. attached), summary orders, and application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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: The defendant is a dangerous offender who may cause fatal damage to the life and property of another person as well as his/her own, and the defendant has already been punished twice due to drunk driving, but he/she also made the instant drinking driving, and the circumstances favorable to the high blood alcohol concentration: