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 November 18, 2015, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 2 million for the same crime at the Busan District Court on September 19, 2017, respectively.

【Criminal Facts】

On July 4, 2019, at around 01:55, the Defendant driven f K3 vehicles while under the influence of alcohol content of about 0.101% from a 100-meter section to the front road of E located in C in Yangsan City B.

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. Inquiry and inquiry of the results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers [the previous record] criminal records, etc., and the application of Acts and subordinate statutes governing the crackdown on drinking driving (2017);

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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc. include the accused who has been punished twice for the same crime, but the accused has been led to the confession of the crime of this case, the accused is divided into a mistake, the accused has no record of punishment beyond a fine, efforts to not repeat by receiving hospital treatment, etc., other factors of sentencing, such as the accused's age, environment, family relationship, blood alcohol concentration and driving distance, conditions after the crime, etc., shall be determined as ordered in consideration of various factors of sentencing.