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

On August 18, 2008, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on March 15, 2010 to the same crime, respectively.

On November 11, 2019, the Defendant driven a B QM6 car with a blood alcohol concentration of 0.135% under the influence of alcohol at approximately 500 meters from the Nam-gu Island from Ulsan-gu to the above bridge of the same Gu prosperity.

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

1. Criminal records, etc. inquiry reports, investigation reports (verification of the same criminal records as the suspect), and application of Acts and subordinate statutes of Part II of 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. Probation, community service order and education order under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents, the defendant has a history of drinking driving four times, the defendant does not cause any additional damage, such as traffic accidents, due to drinking driving in this case; and the defendant's overall circumstances as shown in the records, such as blood alcohol concentration and alcohol level at the time of the crime, the distance of drinking driving, age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be comprehensively taken into account;