A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on January 29, 2015, and a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court on November 25, 2015.

Nevertheless, the Defendant, on January 6, 2017, driven a motor vehicle under the influence of alcohol again while under the influence of alcohol, from a section of approximately 200 meters of alcohol to a section of 0.078% under the influence of alcohol at around 23:40 to the front road of the Yangyang Fire Station located in the same Ri located in the Donsan-gun, Ulsan-gun, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the criminal history of the suspect) 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 subparag. 1 subparag. 3 of the Criminal Act (see the following favorable circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the amount of alcohol concentration in confession and blood is not higher than 0.078%, and the amount of alcohol concentration in the blood of the case previously punished is not higher than 0.071%, respectively;

A. Unfavorable circumstances: The defendant shows an attitude of light of law and order by driving drinking three times in a short term, etc., even in the continued punishment.