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

【Criminal Power】 On October 11, 2010, the Defendant received a summary order of KRW 1,00,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on June 14, 2018, respectively.

【Criminal Facts】 On August 8, 2020, at around 15:45, the Defendant driven a E-cub vehicle under the influence of alcohol with approximately KRW 500 meters alcohol concentration of 0.049% from the front of the cafeteria in Ulsan-gun, Ulsan-gun, to the D-cubic lane in Ulsan-gun, Ulsan-gun.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Inquiry reports, such as criminal records, investigation reports (Attachment to attached criminal records of the same kind of crime), and application of two copies of written judgments;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The ordinary circumstances that are disadvantageous to the defendant: although the defendant had been punished for drunk driving in 2010 and 2018, the defendant went to drive under the influence of drinking again for only 2 years and 2 years, the crime's nature is heavy in light of the social harm and danger of drinking driving, and there is a high possibility of criticism and there is a need for strict punishment against the defendant: The defendant's act is recognized and the defendant reflects the wrong, the distance of driving under the influence of drinking is not long, but the degree of alcohol concentration is high.