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

On June 29, 2011, the Defendant is a person who has been sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on June 29, 201. On December 10, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on December 10, 201, and a fine of three million won or more for a violation of the Road Traffic Act (drinking driving).

Nevertheless, on October 26, 2017, the Defendant driven B Sti-type car under the influence of alcohol content of about 5km from the 0.079% of alcohol concentration in the blood, from the 5km section to the road near the Gu Tho-dong located in the same Dong-dong, Nam-gu, Ulsan-gu, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry of the results of regulating driving of drinking, a report on the situation of the driver under the influence of drinking, a report on the arrest of the case, and a notice of the results of regulating driving of drinking;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of punishment for drinking driving) statute;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include not only the criminal records as indicated in the judgment by the Defendant, but also the fact that the Defendant was sentenced to a fine for violating the Road Traffic Act (driving) in addition to the criminal records in the judgment of the Defendant, the fact that the Defendant was under the 3rd class of drinking driving at the same time, the Defendant was under the 4th class of drinking driving at the same time, and the Defendant was under the 4th level of punishment for driving without a license, other than drinking driving, and the short distance of driving without a license. However, the alcohol content in the blood transfusion in the instant case is not so high that the Defendant’s mistake is against.