A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 3, 2009, the Defendant issued a summary order of a fine of 500,000 won for a crime of violating the Road Traffic Act at the Ulsan District Court on August 3, 2009, and a fine of 5 million won for a crime of violating the Road Traffic Act at the Changwon District Court on July 2, 2012.

On October 12, 2016, the Defendant driven a car with approximately 10 km away from 0.079% of alcohol concentration in the blood transfusion around 02:20 on October 12, 2016 to 10 km in front of the Dong Kim Jong-si, Kim Jong-si, Kim Jong-si, in the vicinity of the Jyeong-si, Kim Jong-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of drinking and notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (A) and Acts and subordinate statutes;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small quantities (i.e., confessions and reflects, the circumstances leading to driving alcohol, the degree of alcohol concentration in blood, the records of the same kind of crime, etc.);

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