A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal power] On January 22, 2014, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court, etc., and on April 10, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime in the same court.

【Criminal Facts】

On June 12, 2019, at around 00:40, the Defendant driven a D Tbluri-si car in the state of alcohol with approximately 500 meters alcohol concentration of about 0.160% from the 500-meter section to the front road in the same city B from the roads adjacent to the mutual convenience store in Yangyang-si, Yangsan-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, reporting on the circumstantial statements of a drunk driver [the previous record] criminal records, and application of Acts and subordinate statutes to inquiry reports and investigation reports (the reporting on confirmation of the same kind of force];

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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have been under the influence of having been punished three times for the same crime. However, the confession of the crime in this case and the misunderstanding of facts is divided, the same crime is all committed before five years, the defendant's age, environment, family relationship, blood alcohol concentration and driving distance, and other various sentencing factors such as the defendant's age, family relation, blood alcohol concentration and driving distance, etc. shall be determined as ordered by the order.