Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 6, 2020, the Defendant was under the influence of 0.169% alcohol level in front of the “C” convenience store located in Ulsan-gu B, Ulsan-gu, and was under the influence of 0.169% alcohol level in blood, and was under the influence of DMW 320d passenger cars, and was under the influence of the Defendant, by a police officer belonging to the Ulsan-do Police Station E unit in the Ulsan-do Police Station.

The Defendant had a substitute driver drive the said passenger vehicle from the control place to the place not exceeding Ulsan-dong, Ulsan-dong, Ulsan-dong, but the Defendant had a substitute driver drive the said passenger vehicle. However, the substitute driver sent the path to the hedger, the substitute driver, and had the driver drive on his own.

The Defendant driven the said passenger vehicle under the influence of alcohol level of about 0.128% in a section of about 100 meters from the Do located in the vicinity of Ulsan-gu, Ulsan-do to the same Do in an insular road in approximately 22:45 on the same day.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to an investigation report (the details of detection, the administrative disposition of a license), and the results of crackdown on drinking driving;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, Order to Community Service and Order to Attend, and Order to Attend, [A statutory penalty: imprisonment with prison labor for not less than two years but not more than five years, or a fine not less than ten million won but not more than 20 million won] is very heavy in that the defendant drives drinking again on the same day after he/she was controlled by drinking.

However, the fact that the defendant is led to an offense, the error is divided as his name, and the distance of driving is not long, and the age, environment, and the amount of alcohol concentration in blood is also the amount of alcohol concentration.