A defendant shall be punished by imprisonment with prison labor for up to six months.

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

The Defendant, at the Ulsan District Court on July 16, 2009, received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on January 8, 2014, issued a summary order of KRW 2 million as a fine for the same crime at the same court on January 8, 2014, and violated the obligation under the Road Traffic Act that may not be driven on two or more occasions under the influence of alcohol.

On April 11, 2019, the Defendant driven a DE car with a blood alcohol concentration of about 0.061% from the 300-meter section from the Da middle school parking lot located in Ulsan-gu B to the front road of the above middle school.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to inquiry reports, such as inquiry reports on the results of crackdown on drinking driving, the statement on the circumstances of drinking drivers (the previous records), criminal records, and investigation reports (the previous records of the same kind and attachment);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018);

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 Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc. is that the defendant has been punished twice for the same crime is disadvantageous to the defendant.

However, the punishment as ordered shall be determined by taking into account various sentencing factors, such as the defendant's age, environment, family relationship, blood alcohol concentration and driving distance, and conditions after committing the crime of this case.