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 January 30, 2008, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and on January 30, 2008, a summary order of KRW 3 million from the Ulsan District Court to a fine for the same crime.

On August 14, 2019, at around 21:50, the Defendant driven the EW car under the influence of alcohol concentration of about 700 meters from the G department store in Ulsan-gu B department store in Ulsan-gu to the D department store in the same Gu C, with the influence of alcohol concentration of about 0.043%.

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. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 fact that the reasoning for sentencing under Article 62-2 of the Criminal Act is acknowledged, that the blood alcohol concentration is low, and that there is no previous conviction exceeding the fine is favorable to the defendant.

On the other hand, the defendant's previous and second times of drinking driving is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.