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 March 20, 2019, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Ulsan District Court.

【Criminal Facts】

At around 21:00 on August 17, 2020, the Defendant driven a DNA passenger car with a blood alcohol concentration of about 0.069% under the influence of alcohol at approximately 150 meters from the Do adjacent to the Ulsan-gu Bero, Ulsan-gu Bero, to the front road of the same Gu C.

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

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (report on confirmation of the same kind of power), and summary orders;

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.

The circumstances that are disadvantageous to the defendant: The defendant was punished for a drunk driving in 2019 and repeated the crime of a drunk driving in 1 year, the nature of the crime is heavy in light of the social harm and danger of drunk driving, the possibility of criticism is high, and there is a need for strict punishment against the defendant: The defendant recognizes his criminal act and reflects his mistake in depth, the distance of the drunk driving is not long, the degree of blood alcohol concentration is not high, and the degree of blood alcohol concentration is not high, and the danger of general traffic, such as traffic accidents, has not occurred due to a drunk driving in 195.