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 November 22, 2013, the Defendant received a summary order of two million won or more as a crime of violating the Road Traffic Act from the Ulsan District Court.

On October 28, 2019, at around 21:00, the Defendant driven D 9 automobiles under the influence of alcohol with approximately 200 meters alcohol concentration of 0.078% from the section of approximately 200 meters from the road near Ulsan-gu Brori, Ulsan-gu, Seoul, to the road front of the Ulsan-gu C apartment at around 21:10 on the same day.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning criminal records and summary order when the defendant's legal statement is made, the report of his/her oral statement, and records of drinking driving control;

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 defendant shall be determined by taking into consideration the circumstances leading to the running of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;