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

The defendant was sentenced to a fine of 1.5 million won by the Ulsan District Court on April 30, 2007 for a violation of the Road Traffic Act.

At around 22:40 on October 13, 2019, the Defendant driven a B B B B B-pin car with a blood alcohol concentration of about 0.043% in a section of approximately 500 meters on the road above the Young River located in the Yangsan City, Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, reports on the circumstantial statements of a drinking driver (pre-post records), criminal records, and to criminal investigation reports (verification of the same type of force) and the application of statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won and not more than 20 million won] have been punished three times for the same drinking crime; however, the defendant has led to the confession of the crime of this case; the defendant has been punished in excess of the fine; there has been no record of being punished in excess of the fine; the same power is the crime committed not less than ten years before all; the defendant's age, environment, blood alcohol concentration and driving distance; and various sentencing factors, such as the distance after the crime, shall be determined as ordered by the order.