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 September 28, 201, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Ulsan District Court on September 28, 201, a fine of KRW 2,50,000,000 as a fine for the same crime in the same court on October 24, 201, and a fine of KRW 7,00,000 as a fine in the same court on July

【Criminal Facts】

On September 7, 2019, at around 00:0, the Defendant driven D SP car under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.17% from the section of around 00:10 on the same day from September 7, 2019 to the prosperity road located in Ulsan-gu, Ulsan-gu, Busan-do.

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. Application of Acts and subordinate statutes to inquiry reports, such as inquiry reports on the results of crackdown on drinking driving, report on the circumstantial statements of a drinking driver (pre-trial records), criminal records, and investigation reports (Attachment to a summary order of final power);

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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include the accused who has been punished three times for the same kind of crime, but the accused has been led to the confession of the crime of this case and has not been punished in excess of the fine. The same crime is the fact that the accused has committed five years earlier, the minor is the fact that the minor has been raised and the spouse is scheduled to give birth for five months or longer, the accused's age, environment, blood alcohol concentration and driving distance, and other various sentencing factors such as the circumstances after the crime shall be determined as the order.