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

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

Punishment of the crime

On July 6, 2011, the Defendant was sentenced to a summary order of KRW 4 million due to a crime of violating the Road Traffic Act, etc. by the Ulsan District Court, and on April 11, 2013, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a crime of violating the Road Traffic Act.

On May 15, 2016, at around 21:55, the Defendant driven a passenger car under the influence of alcohol level of 0.097% in a section of approximately 15 kilometers from “the square of Mannam-dong-dong-dong, Mansan-gun, Ulsan-gun, Ulsan-gun, to Slsan-ri Sariwon. In addition, the Defendant driven a passenger car under the influence of alcohol level of 0.097% in alcohol level during blood.

As a result, the Defendant once or more drinking driving, driving a passenger car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on driving drinking; 1. In response to inquiries such as criminal history, etc., the Ulsan District Court 201 High Order No. 6397, the Ulsan District Court 2012 High Order No. 3708, the application of the text of the Act and subordinate statutes

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the background of the crime, the degree of alcohol concentration during the blood transfusion, etc.);

1. Article 62-2 of the Criminal Act of the community service order (for the sake of its appurtenances and radius);