A defendant shall be punished by imprisonment for not less than eight 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.

Criminal facts

【Criminal Records of Crimes】 On August 4, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic laws at the Ulsan District Court on March 15, 2010, and a fine of KRW 3 million for a violation of road traffic laws at the Ulsan District Court on March 15, 2010.

(1) On August 2, 2018, the Defendant: (a) was under the influence of alcohol with approximately 20 meters alcohol concentration at approximately 0.137% from the Do in front of the “Sule Dok,” located in Ulsan-gu, Ulsan-gu, to the front road; and (b) was under the influence of alcohol with a blood alcohol concentration of at least 0.137%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the same summary order of force;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition to the records of the crime, the fine was imposed for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseless Driving) in 2002. This is the fourth drinking driving, the distance of drinking driving is short, and the defendant reflects the error.