A defendant shall be punished by imprisonment with prison labor for up to six 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 May 14, 2008, the Defendant issued a summary order of a fine of two million won by the Ulsan District Court for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 14, 2008, and on July 2, 2009, in addition to the issuance of a summary order of a fine of four million won by a violation of the Road Traffic Act (driving) at the same court, the same kind of power is more than once.

On January 2, 2015, at around 01:09, the Defendant driven a B observer car from approximately 500 meters away from the front of the public playground located in the Northern-dong in Yangsan-si to the front of the same intersection in the same city, while under the influence of alcohol with a blood alcohol content of 0.135%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records);

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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he/she had been punished twice due to drinking driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving at least twice shall be punished more strictly.

It is the sentencing factor favorable to the defendant that the defendant has the criminal history above the suspended sentence, and that the defendant has no criminal history above the suspended sentence.

In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, the sentence shall be determined as per the order and the execution of the sentence shall be suspended, but community service and compliance driving lecture shall be ordered.