A defendant shall be punished by imprisonment for 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 September 25, 2012, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act, and KRW 2 million by the same court on March 12, 2014.

On October 31, 2016, around 20:36, the Defendant: (a) driven a blater under the influence of alcohol with approximately 1km alcohol concentration of about 0.126% from the 1km section to the front road of the Ulsan-gun, Ulsan-gun, Chungcheongnam-do, Ulsan-do; and (b) has violated Article 44(1) of the Road Traffic Act on at least two occasions, and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking control;

1. A report on investigation;

1. Application of Acts and subordinate statutes, such as criminal records;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (it shall be taken into consideration that there is no same military force as punishment of imprisonment without prison labor or more);

1. Order to attend lectures under Article 62-2 of the Criminal Act;