A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On July 15, 2015, the Defendant was issued a summary order of KRW 1.5 million at the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on July 12, 2017.

On August 11, 2018, the Defendant driven a B-learning car under the influence of alcohol level of approximately 0.107% from the section of approximately 2km to the industrial tower located in Ulsan-gu, Ulsan-gun, U.S., to the industry tower near the rogate.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the 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 stay of execution (Consideration of reflector, influence of drinking driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;