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 December 20, 2012, the Defendant was issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act, and a summary order of 4 million won of a fine at the Ulsan District Court on June 17, 2015, respectively, for the same crime.

On November 9, 2019, at around 22:04, the Defendant driven a motor vehicle in Emec with approximately KRW 1k alcohol concentration 0.114% under the influence of alcohol from the section of approximately 1k to the roads adjacent to the D building.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the report on his/her circumstantial statement, criminal records, and criminal investigation reports (verification of the same attached records) as a result of crackdown on drinking driving;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 punishment against the accused shall be determined in consideration of the circumstances leading up to the driving under influence of alcohol for the reason of sentencing, blood alcohol concentration, distance of driving, criminal punishment, circumstances after the crime, etc. of the protection center, community service or order to attend lectures;