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 April 19, 2017, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Ulsan District Court on April 19, 201, and the same year.

9. 28. The same court was issued a summary order of two million won or more for the same crime, respectively.

【Criminal Facts】

On December 9, 2019, the Defendant, as a person who violated the prohibition of drunk driving, driven a DNA low-water vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.074% from the section of approximately 100 meters from the front of the non-commercial convenience store in Ulsan-gu New-dong, Ulsan-gu to the front of C in the same Gu.

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. To refer to inquiries, such as the results of the crackdown on drinking driving, the statement of circumstances of a drinking driver (the previous record), criminal records, etc., and to the application of two Acts and subordinate statutes attached to the summary order;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced twice to a fine for the same kind of crime. However, the confession of the crime of this case was made, the mistake was divided, and there was no other history of punishment, and other factors of punishment have been taken into account, such as the defendant's age, environment, blood alcohol concentration and driving distance, and conditions after the crime, etc., the punishment shall be determined as ordered by the order.