A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above sentence shall be postponed for one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 19, 2012, the Defendant was issued a summary order of a fine not exceeding 6 million won by the Ulsan District Court for the crime of violating the Road Traffic Act.

【Criminal Facts】

On August 6, 2020, at around 23:15, the Defendant driven a motor bicycle with approximately 300 meters of blood alcohol level 0.075% under the influence of alcohol level 0.075% from the Do in front of Ulsan-gu B to the front road of the Diplomatic Association located in the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (report on the confirmation of the same kind of power);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The fact that the Defendant committed the crime of drunk driving in this case even though the Defendant had been punished four times prior to the reason for sentencing under Article 62-2 of the Criminal Act, and that the Defendant’s blood alcohol concentration at the time is considerable, and that the Defendant’s blood alcohol concentration is not minor, etc. are disadvantageous to the Defendant.

The fact that the distance from the driving under the influence of alcohol is short, the risk of traffic accidents is not realized due to the crime in this case, the defendant recognizes and reflects the crime, and the last period of time has elapsed from the crime of driving under the influence of alcohol is favorable to the defendant.

In addition, all other circumstances such as the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, and circumstances after the crime are considered.