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 June 7, 2019, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Ulsan District Court.

【Criminal Facts】

On November 2, 2019, at around 03:35, the Defendant driven B rocketing car with a blood alcohol content of about 0.093% from the 2km section from the intersection of the U.S. located in the Busan East-dong Hot Spring Port to the front road of the Manduk-dong, Busan-dong from the 2km section to the front road of the Manduk-dong, Busan-dong.

Accordingly, the defendant violated the prohibition of drinking 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 a drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Drinking driving is highly likely to infringe on the life and property of others as well as himself/herself.

As long as the Defendant was punished for drinking driving, the Defendant came to commit the instant crime again.

In favorable circumstances: The defendant shows an attitude to recognize and reflect the mistake, and there is no history of punishment exceeding the fine.

In addition, in consideration of the age, character and conduct of the defendant, motive, means and result of the crime, circumstances before and after the crime, etc., various circumstances constituting the conditions for sentencing as shown in the arguments in this case, the punishment as ordered shall be determined.