A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was sentenced to a fine of one million won by the Ulsan District Court on November 25, 2014 for a violation of the Road Traffic Act, and was sentenced to a fine of two million won by the same court on September 10, 2018.

On May 18, 2019, at around 22:47, the Defendant driven an E K 3 vehicle while under the influence of alcohol concentration of about 0.103% at a section of about 350 meters prior to the Ulsan-dong D, Ulsan-dong, Seoul-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the facts constituting an offense [election of imprisonment]

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the sentencing of Article 62-2 of the Criminal Act provides community service and the order to attend a lecture, despite the fact that the defendant had been punished for drinking alcohol driving, is again going to the crime of this case, while there is no record other than the previous conviction in the judgment, the fact that there is no record other than the previous conviction in the judgment, and that there is no record other than the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence like the order shall be determined by taking into account the following circumstances: the execution of the sentence shall be suspended,