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 May 17, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 1, 2020, at around 00:10, the Defendant driven a e-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-kaking vehicle located in Yangsan-si B from around 10km to the road before the “D-si Oil station” located in Yangsan-si, Yangsan-si.

Accordingly, the defendant violated the prohibition of drinking driving more 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 crackdown on drinking driving, report on the circumstantial statements of a drinking driver (pre-time) criminal records, and investigation reports (report on confirmation of the same kind of force);

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 punished once for the same crime; however, there is a confession to commit the crime in this case; a mistake has been divided; there is no record of punishment exceeding the fine; the same crime is a crime committed not less than ten years prior to around 10 years; 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 circumstances after the crime.