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.

Punishment of the crime

On November 30, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on March 2, 2015, the Defendant issued a summary order of KRW 1 million for the same crime at the same court.

On May 4, 2018, the Defendant driven a B vehicle under the influence of alcohol leveling 0.12% from the 8km section from the front to the front road in the Ulsan-dong defense Dong-dong, Ulsan-do, to the chemical front road.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the summary order and report attached to the judgment of the defendant's previous forces);

1. Article 48-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense [the choice of imprisonment] under the relevant Act;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the driving of the drinking of this case in spite of the record of punishment for the driving of the Defendant under the influence of drinking, while the driving of the drinking of this case would not be divided in depth after the commission of the crime.

The sentence like the order shall be determined by taking into account the following facts: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., and the execution of the sentence shall be suspended, and community service and order to attend the lecture shall be issued.