A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[criminal power] On January 11, 201, the Defendant received a summary order of KRW 5 million from the Ulsan District Court to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On July 29, 201, the Defendant received a summary order of KRW 5 million from the same court due to the same crime, etc.

【Criminal Facts】

On August 23, 2019, at around 23:50, the Defendant driven an E-car with a blood alcohol concentration of about 0.170% in the 3km section from the Nam-gu B market adjacent to the same Gu to the D neighboring road located in the same Gu C.

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. Notification of the result of the control of drinking driving, and report on the situation of drinking drivers;

1. Application of two copies of inquiries about criminal records, etc., investigation reports (report on confirmation of the same kind of power), and copies of summary order under two Acts and subordinate statutes;

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 punishment 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 defendant had been punished four times in total due to drunk driving in 200, 2005, and 201, but again, he was under the influence of driving under the influence of alcohol in 201, in light of the social harm and danger of drunk driving, there is no possibility of criticism, the possibility of criticism is considerable, and the blood alcohol concentration level is not shorter than the distance of driving under the influence of alcohol while driving under the high level of high level, and causing a traffic accident under the influence of the traffic and resulting in a dangerous situation of ordinary traffic.