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 August 29, 2013, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court to the same crime on May 18, 2016, respectively.

【Criminal Facts】 On April 9, 2020, the Defendant driven Done Star Cargo at approximately 2 km section from the roads near Ulsan-gu, Ulsan-gu to the roads front of the Ulsan-gu B Hospital, Ulsan-gu, Seoul-do, with a blood alcohol concentration of about 0.079% under the influence of alcohol, around 21:43.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, criminal records, etc., and the application of two Acts and subordinate statutes of Part II of summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act and 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 but not more than 20 million won] has been sentenced twice to a fine for the same kind of crime. However, the confession of the crime in this case was made, the mistake was divided, and there was no record of punishment exceeding the fine, and the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime have been taken into account and other various sentencing factors, such as the defendant's age, age, environment, blood alcohol concentration and driving distance.