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

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

Criminal facts

【Criminal Records of Crimes】 On July 11, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of road traffic laws at the Ulsan District Court on July 11, 2012; on August 29, 2013, the same court was sentenced to a suspended sentence of two years for six months due to a violation of road traffic laws (driving without a license); a violation of road traffic laws (driving without a license); a violation of a private signature; a forgery of a signature; and a violation of a signature signature of the above investigation.

[A] On February 23, 2017, the Defendant: (a) driven a motor vehicle with the highest alcohol content of about 500 meters from the front of the “C” in Ulsan-gun B to the front of the “E” located in Ulsan-gun D, Ulsan-gun, to the front of the “E” on the road located in Ulsan-gun, Ulsan-gun; and (b) driven a motor vehicle with the lower alcohol content of about 0.081% while under the influence of alcohol.

As a result, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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;

1. The reasons for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend lectures, even though the alcohol concentration in blood is not high, the punishment of a fine and imprisonment for driving under drinking, etc., even though they had the history of punishing a suspended sentence of imprisonment, and the defendant has the history of punishing a fine due to a violation of the Traffic Act (unlicensed driving) on March 12, 2013, in addition to the punishment history of introducing such criminal facts, shall be determined as the order.