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.

Punishment of the crime

On February 10, 2015, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Ulsan District Court on February 10, 2015, and on December 6, 2010, the Defendant was issued a summary order of two million and five million won by the same court as a crime of violating the Road Traffic Act (drinking driving).

On August 18, 2017, the Defendant driven B Poter Cargo Vehicles with approximately 0.194% alcohol concentration at approximately 400 meters from the 400-meter section around the water village near Ulsan-gu, Ulsan-gu, Seoul-do, to the one-time road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 14) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning 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 amount;

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

1. Protection observation, medical treatment, custody, etc. Act;

1. Article 62-2 of the Social Service Order Criminal Act / Sentencing / Sentencing / the risk of repeating a crime, and the drinking volume is 0.194%, etc. However, although there is no record of punishment heavier than a suspended sentence due to the same crime, it is not accompanied by traffic accidents, or it is not accompanied by traffic accidents. In addition, it is recognized that the Defendant’s drinking behavior appears to be one of the important causes of the instant crime, and thus, it is necessary to provide medical treatment for proof of alcohol, and thus, it is necessary to issue a medical treatment order along with the protection observation as ordered for the prevention of recidivism or the Defendant’s effective rehabilitation to society.