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 16, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court’s Eunpyeong Site, and on July 27, 2017, received a disposition of suspension of indictment for a violation of the Road Traffic Act from the office of the Suwon District Prosecutors’ Office as a matter of violation of the Road Traffic Act.

Nevertheless, at around 22:06 on July 24, 2019, the Defendant driven an E K 3 vehicle while under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.248% from the front of the convenience store in Ulsan-gun B to the front of D.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of one copy, respectively, of the inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver [pre-time] foreign criminal records, investigation reports (Attachment to a summary order, etc. of the same attached power), the summary order and the written decision not to

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 reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant was punished once as a fine for the same kind of drinking driving and had been suspended from indictment, but again committed the instant crime, and that the blood alcohol concentration exceeds 0.2%, and that the Defendant was damaged to two other vehicles due to driving in a climatic state where the blood alcohol concentration exceeds 0.2%, is disadvantageous.

However, the punishment as ordered shall be determined in consideration of various sentencing factors, such as the defendant's age, environment, criminal records, and circumstances after the crime, which led to the confession of the crime of this case and the mistake is divided.