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 April 26, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act. On January 28, 2011, the Defendant was sentenced to a fine of KRW 7 million by the same court.

On April 28, 2020, at around 22:16, the Defendant driven a C Ecoo motor vehicle while under the influence of alcohol content of about 0.125% from the 1km section to the front road of Ulsan-gu, Ulsan-gu, Seoul-do.

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

Summary of Evidence

1. Application of Acts and subordinate statutes concerning criminal records and summary order when the defendant's legal statement is made, the report of his/her oral statement, and records of drinking driving control;

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 punishment against the defendant shall be determined in consideration of all the conditions of sentencing against the defendant, including the circumstances leading to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;