A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 7, 2006, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act, etc. at the Ulsan District Court, and received a summary order of 4.5 million won as a fine in the same court on July 14, 201.

1. On June 24, 2016, at around 02:58, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.143% on the front of the National Bank located in Ulsan-gu, Ulsan-do.

2. On July 8, 2016, at around 05:31, the Defendant driven a C non-stop vehicle under the influence of alcohol level of about 10km from the front of the KNA center located in Ulsan-gu New-dong, Ulsan-gu, Ulsan-do to the front road of the Ulsan-gun, Ulsan-gun, Ulsan-gun, under the influence of alcohol level of about 0.11% in the 10km section.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was sentenced to a suspended sentence once for the same kind of crime, and even though there were several records of punishment, he/she again committed the same crime, and even though he/she had been sentenced to a suspended sentence once for the same crime, he/she again committed the crime under Article 2 in the short term, even though he/she had been subject to the drinking control once for the first crime,

In determining the term of punishment, it shall take into account the fact that the defendant has no record of punishment for the same kind of crime since 201, and all the conditions of sentencing, such as the defendant's age, character, conduct and environment.