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

[criminal power] On April 22, 2008, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act (driving). On May 19, 2014, the Defendant received a summary order of KRW 3 million from the same court as the same crime.

【Criminal Facts】

At around 21:50 on June 2, 2020, the Defendant driven CM5 car at the 15m section of the road near the Nam-gu Nam-gu apartment complex B in a state of alcohol of 0.043% of blood alcohol concentration.

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. The application of Acts and subordinate statutes to inquiry reports, such as inquiry reports on the results of the crackdown on drinking driving, the statement of the circumstances of drinking drivers (the previous records), criminal records, and criminal records, and investigation reports;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been four times for a drunk-driving crime. However, the confession of the crime of this case is made and the mistake is divided as well. The crime of the same kind has no record of punishment exceeding the fine, and all of the crimes have not been committed six years prior to the six years, and the punishment is determined as ordered in consideration of various sentencing factors, such as the defendant's age, environment, blood alcohol concentration and driving distance, and conditions after the crime.