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 October 22, 2013, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act.

On September 20, 2019, at around 23:15, the Defendant driven B QM3 car with approximately 100 meters away from the cross-fluoral fluoral fluor in Ulsan-gu, Ulsan-gu to the front of the south-gu office building distance in the same Dong, while under the influence of alcohol content of 0.043%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that there has been two times of punishment (204, 2013) due to the driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Act, the fact that the drinking level is not high, and the occupation, age, etc. of the accused; and