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

On July 14, 2008, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on July 1, 2014 to a fine for a violation of the Road Traffic Act.

From July 15, 2014 to October 22, 2014, the Defendant was under the suspension of driving license, but around October 22, 2014, the Defendant driven B K5 cars under the influence of alcohol alcohol content of about 0.142% at the section of approximately 500 meters from the stringel parking lot located in Ulsan-dong, Ulsan-gu, Ulsan-gu to the front road of the restaurant for "Congo Forgo" located in the same Gu, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and photographs related to accidents;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports and investigation reports (Attachment of a copy of summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again repeats the same kind of crime even though he/she had twice the record of drinking driving and one-time the record of unlicensed driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving shall be punished more strictly.

It is the sentencing factor favorable to the defendant that the defendant has the criminal history above the suspended sentence, and that the defendant has no criminal history above the suspended sentence.

The age, character and conduct, environment, and circumstances after the crime of the accused are various kinds of sentencing.