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 30, 2006, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Sung-nam branch of Suwon District Court.

On July 16, 2020, at around 02:44, the Defendant driven a “C”-owned vehicle in Ulsan-gu, Ulsan-gu, with approximately 50 meters alcohol concentration 0.163% under the influence of alcohol at approximately 0.163% from the front of the “C”-owned, Ulsan-gu, Seoul-gu, to the front road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Report on the accused's legal statement, statement, results of the drinking driving control (including details of correction, etc.) and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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 grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished three times due to a drunk driving, but he/she also conducted the pertinent drunk driving; and the circumstances favorable to the high blood alcohol concentration: The last force of the drunk driving was 14 years.