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 January 22, 2007, the Defendant received a summary order of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on February 15, 2008, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court.

[2] On July 27, 2018, around 00:15, the Defendant driven a fluor vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.074% at the section of approximately 10 meters from the front of an elementary school in Ulsan-gun, Ulsan-gun, Seoul-gun, to the front of an elementary school in the West-gun, Ulsan-gun, U.S., the Defendant driven a fluor vehicle under the influence of alcohol with approximately 0.074% alcohol concentration in blood.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and inquiries about the results of regulating drinking;

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, including the observation of protection and the order 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.

The defendant too late reflects on the crime of this case.

10 years have passed since the last record of punishment for the same kind of crime.

◎ 피고인에게 불리한 정상은 다음과 같다.

Even though the defendant had a total of three times criminal punishment records (not later than three times of fine), this case is again made.