A defendant shall be punished by imprisonment for not less than eight 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 December 6, 2004, the Defendant was sentenced to a summary order of KRW 2.5 million by the Seoul Western District Court due to a violation of the Road Traffic Act (driving). On April 18, 2006, a summary order of KRW 3 million by the Ulsan District Court due to a violation of the Road Traffic Act (driving). On September 10, 2007, the Defendant was notified of a summary order of KRW 5 million by the Ulsan District Court due to a violation of the Road Traffic Act (driving). On March 19, 2010, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor.

On July 26, 2015, around 07:30 on July 26, 2015, the Defendant driven a B-car with a blood alcohol concentration of about 0.137% in the 6km section from the Nam-gu Industrial Round to the front day of the C-ri-gun in Ulsan-gun.

After all, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, a report on the drinking state, and an inquiry into the fact of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

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. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order is that the defendant repeats the same crime even though he had been punished five times due to drunk driving, including one time the force of probation, and that the blood alcohol concentration is not less exceptionally, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drunk driving shall be punished more strictly.

The defendant's time to commit a crime and reflects the criminal, and the criminal records of the defendant's previous criminal records are five years.