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 November 11, 2010, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) in the Young-gu District Court’s territorial support.

On July 9, 2019, at around 22:10, the Defendant driven a Fpoter Ⅱ in the state of alcohol alcohol concentration of about 0.042% at a distance of about 200 meters from the front of the road located in the B of Ulsan-gun, Chungcheongnam-gun, and the front of the road located in D of the same Gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

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 of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) 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.

Considering the fact that the defendant was sentenced to a fine in 2010 due to a drunk driving, that the defendant was arrested while escaping from the police officer's instructions to control drinking: Taking into account the fact that all of the crimes in this case are recognized by the defendant, his mistake is divided and reflected, and that the defendant's blood alcohol concentration at the time of driving is relatively low.