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 2, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Ulsan District Court on March 2, 2009.

On December 14, 2019, at around 03:58, the Defendant driven a E-high-speed car with a blood alcohol concentration of 0.166% in the section of approximately 2 km from the front of the Cmate in Yang City B to the front of the same city D.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes on 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. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been punished twice due to drunk driving, the fact that physical damage has occurred due to the pertinent drunk driving, the fact that the defendant recognized his mistake and reflects himself, the fact that the criminal defendant was committed for more than 10 years, all of the criminal records prior to drunk driving, the fact that he was not subject to a fine two times, and the fact that he was not subject to other criminal records shall be considered as favorable circumstances, and the punishment as ordered shall be determined by taking into account all the circumstances indicated in the records, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc.