A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 13, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 4 million by the same court on April 1, 2009 for a crime of violating the Road Traffic Act (drinking driving).

Criminal facts

On December 12, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 2 km from a section of about 0.122% to the road in front of the agricultural and fishery product market located in the same Kusandong-dong, Ulsan-gu, Ulsan-dong, Seoul-dong, to the roads adjacent to the agricultural and fishery product apartment complex located in the same Kusan-dong.

Accordingly, the Defendant, even though he violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, a statement on the circumstances of the driver of the driving, and a report on the circumstances of the driver;

1. Written response to a request for appraisal;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;