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 March 20, 2019, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 21, 2020, at around 21:28, the Defendant driven a k9-car under the influence of alcohol content 0.068% from the 15km section of approximately 15km away from the front of the mutual infence house located in the Dong-dong, Ulsan-gu, Ulsan-gu to the Ulsan-gu B apartment C-dong underground parking lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, reports on the circumstantial statements of drinking drivers (pre-time records), criminal records, etc., and to investigation reports (Attachment to judgments of the same kind), and the application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime. However, the confession of the crime of this case was made, the mistake was divided, and there was no record of punishment exceeding the fine exceeding the fine, and other factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, the distance after the crime, etc., shall be determined as the same as the order.