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 15, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on May 2, 2011, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the same crime in the same court.

【Criminal Facts】

On October 24, 2018, at around 21:10, the Defendant: (a) from the on-road parking lot in the address in the Northern-dong, Ulsan-do to the same Gu’s dwelling area; (b) had been in the same Gu’s Gu’s, and (c) had been under the influence of alcohol concentration of approximately 2 km to the said Gu’s dwelling area; and (d) had driven a car under the influence of alcohol concentration of about 0.262% from the 2km section to the said Gu’s dwelling area.

Accordingly, even though the defendant was punished twice as a crime of violation of the Road Traffic Act, the defendant was driving the above vehicle while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, on-site map, etc., traffic accident report, accident site photograph, inquiry into the results of the control of drinking and driving, report on the actual state of drinking drivers, and investigation report (report on the actual state of drinking drivers);

1. A survey report (CCTV verification);

1. Records of judgment: Application of statutes, such as criminal history records, inquiry reports, summary orders, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the reasons for the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing criteria are not set for offenses of violation of the Road Traffic Act;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

The defendant confessions and reflects the crime of this case.

The defendant has no criminal records other than those related to the operation of the same vehicle as the crime of this case.

In addition, there is no criminal punishment force exceeding the suspension of the execution of imprisonment, and in 2011.