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 February 5, 2008, the defendant was issued a summary order of KRW 2 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

피고인은 2019. 9. 1. 22:20경 울산 북구 B에 있는 C조합 천곡지점 앞 도로에서 혈중알콜농도 0.107%의 술에 취한 상태로 D 넥쏘 승용차를 운전하였다.

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. To inquire into the results of the crackdown on drinking driving, the report on the circumstances of driving under drinking (the previous conviction) and the inquiry, and the application of Acts and subordinate statutes of the 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 and Article 59 of the Act on Probation, etc. have the record of having been punished twice as the same crime, but confessions of the crime of this case and repents of errors, and there is no record of punishment exceeding the fine. The same crime is the crime committed before 12 years, and the punishment is determined as ordered in consideration of various sentencing factors, such as the defendant's age, environment, the background leading up to the driving of alcohol, the degree of blood alcohol concentration and driving distance, the situation after the crime, etc.