A defendant shall be punished by imprisonment for not more than ten 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 December 9, 2013, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic laws at the Ulsan District Court, and on November 10, 2015, the Defendant received a summary order of KRW 5 million for a crime of violating road traffic laws (driving alcohol) at the Ulsan District Court.

[Criminal facts] On September 29, 2018, the Defendant driven a B low-water vehicle with approximately 700 meters alcohol concentration of 0.100% in blood while under the influence of alcohol, from the front of the restaurant of “mix” located in Ulsan-gu to the front road of the agricultural and fishery product market located in Ulsan-gu.

Accordingly, even though the Defendant was punished on more than two occasions as a crime of violating the Road Traffic Act (drinking), he driven the above low-speed vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports, reports on the circumstances of the driver who is placed in driving, and inquiries about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of each summary order;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances described in the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances described in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing criteria are not set for offenses of violating traffic laws on roads;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no criminal history to punish the defendant exceeding the fine.

Defendant’s crime of this case is late.

◎ 피고인에게 불리한 정상은 다음과 같다.

The Defendant again committed the instant crime without being imprisoned despite the fact that the Defendant had three times of punishment for the same kind of crime.

A. The degree of alcohol.