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 May 20, 201, the Defendant received a summary order of KRW 2,50,00 from the Daegu District Court (Seoul District Court) as a crime of violating the Road Traffic Act.

On December 5, 2019, at around 01:00, the Defendant driven B-low-income vehicle from the monthly change parking lot located in Ulsan-gun, Ulsan-gun to the after-sale of the same military area from around 10km to the after-sale of the same military area, while under the influence of alcohol at 0.02% of alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the whistle;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: Although the Defendant had been sentenced once to a fine in 2011 due to drunk driving, he/she again committed the instant crime, and the Defendant’s blood alcohol concentration is considerably high at the time of driving, etc.; Considering the fact that the Defendant recognized all of the instant crimes, divided his/her mistake and reflected his/her mistake, etc.