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 September 10, 2007, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on September 15, 2009, the Defendant received a summary order of KRW 2.5 million from the same court on September 15, 2009.

On June 6, 2019, at around 06:55, the Defendant driven a three-km motor vehicle owned by the Defendant while under the influence of alcohol with approximately 0.131% alcohol level from the 3km section from the roads near Ulsan-gun apartment, Ulsan-gun, to the front road of the same Eup/Myeonwon-gun.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The application of Acts and subordinate statutes to check criminal records, etc. and report criminal records (report on the confirmation of criminal records of the same kind of crime);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and education order under Article 62-2 of the Criminal Act: (a) Defendant confession and repented the instant crime; (b) Defendant has been punished for drunk driving three times; (c) there is no criminal record exceeding fines; (d) Defendant did not cause any additional damage, such as traffic accidents at the time of the instant crime; (b) details leading to the instant crime; (c) Defendant’s age, character and behavior, environment, drinking driving distance; and (d) motive, means, means, and results of the instant crime; and (c) the records are comprehensively considered.