A defendant shall be punished by imprisonment for not less than nine 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.

Criminal facts

On April 20, 2016, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking) at the Ulsan District Court on April 20, 2016, and a fine of four million won for the same crime at the same court on March 7, 2018, respectively, and violated the duty of prohibition on driving in drinking condition at least twice.

On July 30, 2018, the Defendant driven B-low-income vehicle under the influence of alcohol content of 0.144% while under the influence of alcohol leveling from around 03:05 to around 200 meters from the roads adjacent to the National Bank in Ulsan-gu, Ulsan-do to the roads in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual conditions and field photographs, and inquiry of the results of crackdown on the driving of alcohol, a report on the circumstances of a driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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. In light of the fact that the degree of alcohol concentration is high in the blood for the reason of sentencing under Article 62-2 of the Criminal Act, and that the Defendant was sentenced to a fine for a violation of road traffic law in 2005, other than the criminal records as indicated in the judgment, this case’s drinking driving is the fourth drinking driver at the same time as the third-class drinking driving, and that the Defendant reflects the error.