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, 2019, the Defendant is a person who has received a summary order of a fine of KRW 1,500,000 from the Ulsan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On August 23, 2019, at around 23:12, the Defendant driven a FNAS car in the state of alcohol alcohol concentration of about 0.085% from the 30-meter section to the E neighboring road located in Ulsan-gu B, Ulsan-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Application of double copies of inquiries about criminal records, etc. and copies of summary orders under the Acts and subordinate 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

3. Unfavorable circumstances: The defendant committed a crime of drunk driving on April 27, 2019, which was sentenced to a fine in 2006, and committed a crime of drunk driving again on April 27, 2019 only 4 months after he committed the crime of drunk driving (a fine, such as the record of the criminal records stated in the judgment of the court below). The defendant committed a crime of drunk driving again on April 27, 201. The above defendant's series of experience of drunk driving and the process, motive, contents and attitudes of the crime, etc. of this case, and the social harm and danger of drunk driving, are heavy in light of the nature of the crime, the possibility of criticism is considerable, and the blood alcohol concentration is not low: The defendant's mistake is recognized.