A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 1, 2006 and April 23, 2014, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court as a crime of violating the Road Traffic Act.

On March 13, 2017, the Defendant driven B-wing truck under the influence of alcohol content of about 0.064% at a distance of about 100 meters from the front day of the jun kindergarten in Pusan-si to the front day of the same Dong-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (Article 55 and Article 55 (1) 3 of the same Act (Article 53 and Article 55 (1) of the same Act does not relax the liability for the crime in light of the repetition of the crime in the same type, the risk of recidivism, etc., but has no record of punishment heavier than the suspension of execution as a result of the same crime, or a traffic accident is not accompanied by any other matter, and other circumstances, such as

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;