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 March 30, 2017, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for a violation of the Road Traffic Act.

On August 11, 2019, at around 21:42, the Defendant driven an E-high-speed car with approximately 100 meters alcohol concentration of 0.03% under the influence of alcohol at approximately 0.03% from the 100m section to the front road of the D Middle School located around Ulsan-gu B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to an inquiry report, such as a circumstantial statement report, an appraisal inquiry report (pre-trial record), criminal records, etc., and an investigation report;

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 reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant, who was subject to a suspended sentence of imprisonment for the same kind of crime, once again under the influence of drinking, is disadvantageous.

However, in consideration of the fact that the defendant led to the crime of this case and divided the wrongness, that the blood alcohol concentration is 0.03% and the distance of driving is not clear, and the punishment is determined as ordered in consideration of various sentencing factors, such as the defendant's age, environment and circumstances after the crime.