A defendant shall be punished by imprisonment for six 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

[criminal history] On April 10, 2007, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court for a crime of violating the Road Traffic Act (driving) and a summary order of KRW 2 million by the same court on January 30, 2012, respectively.

[Criminal facts] On April 13, 2018, the Defendant driven B cryp car under the influence of alcohol content of about 2 km from around the central market located in Ulsan-gu, Ulsan-gu to the road located in Ulsan-gu, Ulsan-gu, Seoul-do, to the road located in the Gulsan-gu Dym.

Accordingly, the Defendant, who had a record of violating the Road Traffic Act not less than twice due to drinking driving, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the previous confirmation report) and application of a copy of each summary order under Acts and subordinate statutes;

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

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above defendant shall be repeatedly considered);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education is that the Defendant committed the instant crime of the same kind at the same time, despite the fact that the Defendant had been punished for driving under drinking more than twice, and the quality of such crime is not good, the Defendant’s blood alcohol concentration is high, and the Defendant’s liability is not weak in light of the frequency and content of the same criminal records.

However, the defendant recognized his mistake and reflects his depth, there is no previous conviction exceeding the fine, and his mother and child after being divorced from his wife.