A defendant shall be punished by imprisonment for six 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

【Criminal Records of Crimes】 On September 15, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating Road Traffic Act at the Ulsan District Court, and KRW 4 million for the same crime at the same court on May 15, 2013.

【 범죄사실】 피고 인은 위와 같이 도로 교통법위반( 음주 운전) 죄로 2회 처벌 받은 전력이 있음에도 2017. 7. 8. 00:50 경 울산시 남구 삼산동 삼성자동차 운전학원 맞은편에 있는 ‘ 꼬꼬닭 집’ 부근 도로에서부터 같은 구 여천동 여천 고개 부근 도로에 이르기까지 약 500m 구간에서 혈 중 알코올 농도 0.159% 의 술에 취한 상태로 B 레이 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture of this case was that the defendant had the power to drive drinking two times, and the fact that the blood alcohol concentration is higher than that of the blood, or that there is no record of being sentenced to a punishment exceeding a fine for the same kind of crime, and that the defendant will not drive drinking again.

The punishment shall be determined as per the order, taking into account the fact that it is being taken.