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 July 5, 2004, the defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Ulsan District Court on July 5, 2004 and was punished three times for the same crime.

On May 31, 2015, at around 10:42, the Defendant driven a c-wing van at a section of about 8 km from the Dongcheon-dong of Daegu to the front road of the same Gu, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.276%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 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 orders to provide community service and attend lectures is that the defendant repeats the same crime even though he/she had been punished three times due to drinking driving, including one time of probation, and that the blood alcohol concentration is very high is the sentencing factor disadvantageous to the defendant.

It is the factor of sentencing favorable to the defendant that the defendant's time to commit the crime and reflects the fact that the defendant's previous record of the same suspended execution was ten years.

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.