A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On November 16, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving), and on May 24, 2013, the same court issued a summary order of KRW 4 million as a fine for the same crime.

On August 21, 2018, around 00:45, the Defendant driven a CF II car with approximately 0.171% alcohol level from approximately 2 km section to the road located in the same Eup/Myeon, from around 335-2, Ulsan-gun, Ulsan-do, Ulsan-do. to the road located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (as to the main driver’s report and the situation at the time of the accident)

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking, report on the circumstances of the driver who takes driving, or inquiry into the enemy;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sex, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Considerations disadvantageous: The defendant has been sentenced three times to a fine due to drinking driving, the defendant's blood alcohol concentration is high at the time of driving, and the accident that shocks the right side wall of the road has occurred. The defendant recognized all of the crimes of this case and made his mistake.