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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 31, 2006, the Defendant received a summary order of KRW 1,00,000,000 as a fine for a violation of road traffic law (driving) from the Busan District Court's branch branch branch on October 14, 2010, a fine of KRW 3,00,000 as a fine for a violation of road traffic law (driving) from the Changwon District Court's branch on October 14, 201, and on October 8, 2013, the Ulsan District Court issued a summary order of KRW 7,00,000 as a fine for a violation of road traffic law (driving).

Criminal facts

Although the Defendant was punished twice or more due to a violation of the Road Traffic Act (drinking driving), on June 11, 2016, the Defendant driven a C-learning car with approximately 6 km distance from the 3rd apartment parking lot in the upper Dong-dong, 2016 to the front road of the Mapo-dong Social Welfare Center at the same time while under the influence of alcohol content of 0.170%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement report on the situation of the driver of drinking alcohol and report on the situation of driving alcohol;

1. Inquiry about criminal history, and application of each summary order under statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. It is decided as ordered by the court on the grounds that the defendant, in light of the defendant's age, occupation, sex, family relation, circumstances leading to this case, and circumstances after the crime, etc., was determined by taking into account the defendant's age, occupation, sex, family relation, etc., as well as the sentencing conditions stipulated in Article 51 of the Criminal Act, where the defendant's punishment is to be imposed, without being among three times prior to and after a fine due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act.