A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 14, 201, the Defendant was sentenced to a fine of two million won for a violation of road traffic laws at the Ulsan District Court on May 14, 201, and on November 6, 201, the above court was sentenced to a suspended sentence of two years in the month of imprisonment for the same crime, etc. at the same court on November 6, 201, and the said judgment became final and conclusive on the 14th

On May 10, 2017, the Defendant driven a B-learning car under the influence of alcohol content of about 100 meters from around 22:23 on May 10, 2017 to around the road in the same location as “one-time road in the Dong-dong, Ulsan-dong, Ulsan-dong.”

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (referring to the part favorable to the reasons for sentencing as set forth below) was that the Defendant, as a result of driving alcohol (0.140% of alcohol concentration in blood) and, at the same time, was found to have been found to have been driving alcohol (0.10% of alcohol concentration in blood) without the instant license as a person under the suspension of execution for 8 months of imprisonment with prison labor for the criminal facts that had escaped after destroying property, who had been sentenced to the suspension of execution for 2 years of suspension of execution.

In 2011, the alcohol level is 0.138% in blood.

Since the crime of this case has been committed again during the period of suspension of execution due to the same crime, it is inevitable to punish the defendant.

However, if the judgment becomes final and conclusive, it is the lowest of the sentence that can be sentenced by taking into account the favorable circumstances that all the suspended sentence will be executed.