A defendant shall be punished by imprisonment for not less than eight 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 August 22, 2013, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Ulsan District Court on August 22, 2013, and on January 13, 2016, the Defendant issued a summary order of a fine of five million won in the same court due to the same crime, etc., and on January 13, 2016, the records of punishing the same drinking are more than once.

On April 16, 2017, the Defendant driven a knife car at the front of the Glinju-gun B, Ulsan Metropolitan City, in a state of alcohol of about 0.088% alcohol concentration in blood, from the front of the Glin-gun, to the direction of the Busan Metropolitan City Slin-si, Nam-gu, Busan.

As a result, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of drinking, a report on the circumstances of the driver of drinking, and an inquiry into the following:

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

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. 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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;