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 27, 2011, the Defendant was notified of a summary order of a fine of KRW 3.5 million at the Ulsan District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 18, 2019, at around 22:35, the Defendant driven a motor vehicle under the influence of alcohol on at least two occasions, while driving a motor vehicle, while under the influence of alcohol at approximately 500 meters from the roads in front of his/her residence, Ulsan-gu B, Ulsan-gu, Seoul, to the roads in front of his/her C apartment Ddong, with a blood alcohol concentration of at least 0.179%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of the summary order, such as criminal records, an inquiry report, and Ulsan District Court 201 High Court 201 High Court 10420;

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.

D. Unfavorable circumstances: The defendant has been punished for driving under the influence of alcohol, and again committed the crime of driving under the influence of alcohol again despite the fact that the defendant had the history of punishment for driving under the influence of alcohol, and in light of the social harm and danger of driving under the influence of alcohol, there is a high possibility of criticism, and the crime is driving under the influence of alcohol with a very high level of alcohol concentration, and there is a need for strict punishment for driving under the influence of ordinary traffic safety, such as the occurrence of traffic accidents: The defendant's criminal act is recognized, and the defendant is against the wrongness, the distance of driving under the influence of alcohol is short, and it is a sound driving.