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 October 6, 2015, the Defendant was sentenced to a fine of KRW 3 million by the Ulsan District Court as a violation of the Road Traffic Act.

On April 14, 2020, at around 15:49, the Defendant driven a DEX car in the state of alcohol with approximately 400 meters alcohol concentration of about 0.175% from the 400m section of the apartment parking lot in Ulsan-gun, Ulsan-gun, to C in front of the road.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The application of the defendant's legal statement to criminal records, investigation reports, and the provisions of Acts and subordinate statutes as a result of regulating drinking driving;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The punishment of the accused shall be determined in consideration of the overall sentencing conditions against the accused, such as the background leading to drinking alcohol for the reason of sentencing, degree of blood alcohol, driving distance, criminal punishment records, and circumstances after the crime, etc. under Article 62-2 of the Criminal Act;