A defendant shall be punished by imprisonment for not less than one year and six months.

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 December 9, 2013, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Ulsan District Court.

On December 14, 2019, at around 00:34, the Defendant driven a F rocketing car from the front of a restaurant located in Ulsan Jung-gu B to the front of a restaurant located in D, under the influence of alcohol content of about 50 meters at approximately 0.114%, while under the influence of alcohol content of about 50 meters.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to an investigation report (a report on confirmation of the same kind of power);

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 grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are recognized and contradictory to the defendant's mistake, the fact that the defendant has no record of punishment exceeding the fine, the driving distance of the vehicle at the time of the crime of this case has no record of punishment three times under favorable circumstances, and the defendant has a record of being punished three times for drinking driving, and the occurrence of physical damage due to collision with the vehicle that the central line was invaded at the time of the crime of this case, and the fact that the blood alcohol concentration level at the time of the crime of this case is relatively high shall be considered under normal circumstances, and the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, environment, circumstances after the crime, etc.