A defendant shall be punished by imprisonment for not less than eight 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 August 27, 2008, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act at the Ulsan District Court on August 27, 2008, and was sentenced to a summary order of three million won for the crimes of violation of the Road Traffic Act at the Ulsan District Court on June 10, 2013.

On June 2, 2019, at around 14:29, the Defendant driven Dpoter 2 cargo vehicles with approximately 500 meters alcohol concentration 0.093% while under the influence of alcohol from the front of the Defendant’s house located in Ulsan-gu B to the Southern-gu C lower-water road.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven the above 2 cargo vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;

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 reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, even though there are several times the records of punishment due to Defendant’s drinking without permission, driving without permission, traffic accidents, etc., and the fact that the defendant’s age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the records, such as the criminal defendant’s age, occupation, personality and behavior, family relation, living environment, circumstances leading to the crime, etc., the sentence as ordered shall be determined, and the execution thereof shall be suspended, and community service and order