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 August 22, 2013, the Defendant received a summary order of KRW 5 million from the Ulsan District Court as a crime of violating the Road Traffic Act.

Nevertheless, around 03:13 on April 12, 2020, the Defendant driven a DNA motor vehicle in the state of alcohol alcohol concentration of about 0.160% from the 7km section from the north-gu Seoul Metropolitan Government B apartment to the front road of Ulsan Metropolitan City C apartment.

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. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of one copy of the inquiry report, such as criminal records, investigation report, and 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

D. Unfavorable circumstances: The defendant had the record of punishment for driving under the influence of alcohol, and again committed the crime of driving under the influence of alcohol again, and considering the social harm and danger of driving under the influence of alcohol, the nature of the crime is heavy, the possibility of criticism is considerable, the distance of driving under the influence of alcohol is long, and the degree of alcohol concentration in blood is high as the grounds for revocation of license: The defendant's act is recognized, and it is said that the defendant would not commit the same crime again, and the danger of ordinary traffic, such as traffic accidents, has not occurred due to the driving under the influence of alcohol.