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 23, 2011, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 30, 2019, around 20:54, the Defendant driven a DNA rocketing car within approximately 1.5 kilometers from the front road located in the same Gu on the roads near the Eastwest-gu New-dong located in Ulsan-gu, Ulsan-gu, Seoul-do, under the influence of alcohol level of 0.172%.

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. The application of Acts and subordinate statutes of one copy of summary order, such as inquiry about the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver (the previous record), criminal records, etc.;

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. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have history of having been punished once for the same crime, but confessions of the crime of this case and repents of errors, and there is no record of punishment exceeding the fine, and other factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, conditions after the crime, etc., shall be determined as ordered in consideration of various factors of sentencing.