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.

Criminal facts

On April 26, 2010, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on August 4, 2014.

On September 8, 2018, the Defendant driven a Grand Co., Ltd. under the influence of alcohol level of approximately 0.127% in the section of approximately 9km from the Do located in Ulsan-gu, Seoul-do, in front of the residents' self-governing center to the road of the "Suaker Qua" located in Ulsan-gu.

Accordingly, even though the Defendant was punished on more than two occasions as a crime of violating the Road Traffic Act (drink driving), he was under the influence of alcohol, and he was driving the said Grandroth vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 stay of execution (Consideration of reflector, influence of drinking driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;