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 March 2, 2017, the Defendant received a summary order of KRW 4 million from the Ulsan District Court as a crime of violation of the Road Traffic Act.

Nevertheless, around 00:08 on December 11, 2019, the Defendant driven a car with a volume of approximately KRW 8 km D Spart in the north of the window of the same city on the front of the "C" located in Sungwon-si, Sungwon-si, Sungwon-si, in the state of drinking of 0.160% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous for judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (a summary order appended to a summary order of past records of driving sound);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the defendant had committed the instant crime once again despite the existence of the same criminal records twice, and the blood alcohol concentration was very high at the time of the instant crime.

However, the execution of imprisonment with labor shall be suspended in consideration of the fact that all of his/her mistakes are recognized, and the fact that there is no criminal force other than twice previous records, etc., and community service shall also be ordered.