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 10, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 31, 2019, at around 23:10, the Defendant driven D SM5 car under the influence of alcohol with approximately 0.077% of alcohol concentration at approximately 5km at the front of the Southern subway Station located in the Namyang-gu Water Eup in Yangsan-si, and the front of the road located in C in the same city.

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. The application of Acts and subordinate statutes of one copy of summary order, such as inquiry report, inquiry report, criminal records, etc., investigation report, and summary order, including the result of crackdown on drinking driving;

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. Although the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have the record of being punished for the same crime, the punishment as the order shall be determined in consideration of various factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, driving distance and conditions after the crime, etc.