A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On April 8, 2015, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on October 25, 2017, respectively.

【Criminal Facts】

On November 5, 2019, at around 22:24, the Defendant driven a Flearning car under the influence of alcohol content 0.165% from a section of approximately 50 meters of alcohol alcohol level from the road located in Ulsan-gun B to the front road located in D.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more 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 a drinking driver;

1. Application of Acts and subordinate statutes, such as inquiries about criminal records, etc., investigation reports (Attachment to a summary order of the same kind of case), and summary orders (No. 2015 high-ranking710) under the Ulsan District Act;

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 punishment 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.

D. Unfavorable circumstances: The defendant committed another crime again in 2015 and 2017, even though he had the history of punishment for drinking driving in 2015 and 2017; the defendant's series of drinking driving experience and the content and form of this crime; in light of the social harm and danger of drinking driving, the crime is heavy; the possibility of criticism is high; and the degree of alcohol concentration in blood is considerably high: The defendant is able to recognize his crime and reflects his wrong in depth.