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 March 2, 2009, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on November 25, 2009, to a summary order of three million won by a fine at the Busan District Court on November 25, 2009, respectively. On May 12, 2010, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 12, 2010.

On January 28, 2014, at around 00:45, the Defendant driven Boneex vehicle under the influence of alcohol content of about 300 meters from the front point of “work but,” to the front road of “high-lo restaurant” in the same Dong, from around 300 meters to the road.

As a result, the Defendant, who had a record of drinking twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, investigation reports, and copies of written judgments;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 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. Probation and community service order under Article 62-2 of the Criminal Act: The same kind of offense and four times, and the risk of recidivism, etc.;