A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 24, 2017, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Ulsan District Court.

On October 3, 2019, at around 00:05, the Defendant driven B 3 K car under the influence of alcohol content of about 0.229% in a section of approximately 500 meters from the vicinity of the restaurant where the name of the Nam-gu, Ulsan-gu is unknown to the extent that the name of the Dong cannot be known to the public.

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. Notification of the result of the control of drinking driving, and report on the situation of drinking drivers;

1. Application of Acts and subordinate statutes of one copy of a summary order, such as a criminal history report, investigation report, and other 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. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture in 2017, even though the Defendant had been punished for drinking driving in 2017, committed the crime of driving under the influence of alcohol again for 2 years and 2 years, and the crime in this case was committed under the influence of alcohol concentration too high, and the danger of general traffic due to driving under the influence of alcohol has been realized.

In light of the social atmosphere demanding strict punishment for drunk driving and the social harm and danger of drunk driving, etc., there is a need to punish the defendant significantly.

This is disadvantageous to the defendant.

On the other hand, the defendant would not commit the same kind of crime again while recognizing his own crime and reflecting his wrongness.