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 September 1, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Ulsan District Court.

On April 10, 2020, at around 22:26, the Defendant driven a F K7 car in the state of alcohol alcohol concentration of about 0.120% from the 190-meter section of approximately 190 meters to the E convenience store running from the front side of the PPP to the front side of the E convenience store located in P PPD.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Requests for appraisal;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the degree of blood alcohol concentration; (c) the criminal records; and (d) the Defendant’s age, character and conduct, environment, family relationship; and (e) the various factors of sentencing specified in the records and arguments