A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On March 2, 2015, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court to a fine of KRW 1,00,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 7 million by the same court on September 16, 2015 for a crime of violating the Road Traffic Act.

[Criminal facts] On October 8, 2018, the Defendant driven B, under the influence of alcohol level of about 2 km from approximately 0.100%, while under the influence of alcohol level of about 0.10%, from the roads near the mutual insular restaurant located in the Sonsan-gun, Ulsan-gun, Ulsan-do to the intersection located in the Gosan-ri in the same Gun, Gyeyang-do.

Accordingly, the Defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment to the same kind of force), and application of a copy of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above defendant shall be repeatedly considered);

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a situation unfavorable to the defendant, such as: (a) the defendant drives a motor vehicle under the influence of alcohol in spite of his/her previous record of punishment not less than twice due to driving under the influence of alcohol; (b) the quality of the crime is not good; (c) the defendant's blood alcohol concentration is high; and (d) the defendant has been punished three times due to the same kind of crime; and (c) the crime of this case is committed, and the responsibility for such crime is not easy; and (d) the possibility

(b).