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 July 15, 2020, the Defendant filed a summary order of KRW 4 million with the Ulsan District Court on July 15, 202 for a violation of the Road Traffic Act.

On July 24, 2020, at around 21:10, the Defendant driven the EM3 vehicle under the influence of alcohol by 0.04% from a distance of about 30km from the distance of 0.04% from the 30km-gun D, Ulsan-do, Ulsan-gun, to the low-end Dmplump mplump road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the regulation on drinking driving, and response to requests for appraisal; and

1. Inquiry reports on criminal records, etc., pre-dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports;

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

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

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

1. Probation, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act: (a) Defendant confessions and repents the instant crime; and (b) Defendant has the record of drinking driving once; (c) when the instant crime was not more than one month (on June 26, 2020) from the instant crime; and (d) there is no opening, such as committing the instant crime while being tried for the said crime, and there is no record of criminal punishment exceeding the fine; (b) Defendant has no record of criminal punishment; and (c) Defendant’s blood alcohol concentration and alcohol level at the time, driving distance, age, character and conduct, motive, means and consequence of the instant crime; and (d) other all the records revealed in the records, such as the circumstances after the crime, etc.