A defendant shall be punished by imprisonment with prison labor for up to 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 February 7, 2013, the Defendant received a summary order of KRW 6 million from the Ulsan District Court to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million from the Ulsan District Court on November 25, 2013 to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving).

Although the Defendant had been punished for a violation of the Road Traffic Act more than twice as above, on August 13, 2015, the Defendant driven a B rocketing car with approximately 500 meters section from the insular road located in the Southern-gu, Ulsan-gu, Ulsan-gu, to the front road of the Ulsan-gu, Ulsan-do agency, for the purpose of drinking alcohol content of 0.062%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of crime);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice 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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he/she had been subject to three times punishment due to drunk driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drunk driving shall be punished more strictly.

The fact that the defendant is committed against the defendant while committing the crime, and that the defendant has no criminal records beyond the suspended sentence is an element of sentencing favorable to the defendant.

In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, the sentence shall be determined as per the order and the execution of the sentence shall be suspended, but community service and compliance driving lecture shall be ordered.