1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On November 08, 2010, the Defendant issued a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on the same day, and KRW 4 million as a fine for the same crime at the same court on May 27, 2015.

On December 22, 2017, the Defendant driven a motor vehicle with E in the condition of alcohol concentration of 0.131% in blood at approximately 50 meters in front of “D cafeteria” located in Ulsan-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (a summary attachment of an order) by statutes;

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

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following conditions in favor of the reasons for sentencing shall be considered).

3. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds for sentencing repeated consideration).

4. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The conditions favorable to the defendant shall be as follows:

There is no criminal history of imprisonment without prison labor or heavier.

2. The circumstances disadvantageous to the defendant shall be as follows:

The degree of alcohol is severe.

Despite the history of punishment several times for the same crime, the crime of this case has been committed.

3. In light of the aforementioned various circumstances, the Defendant’s age, sex, environment, health status, previous convictions, and all other sentencing circumstances revealed in the records, including the motive, means, and consequence of the instant crime, the Defendant’s age, sexual behavior, and health status, and the circumstances after the crime, the sentence is determined as ordered.