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.

Criminal facts

On November 29, 201, the Defendant was issued a summary order of KRW 2 million as a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on November 29, 201, and KRW 5 million as a fine in the same court on December 9, 2013, respectively.

On May 11, 2018, the Defendant driven B Ap motor vehicle under the influence of alcohol content of about 500 meters at a section of approximately 0.136%, from May 11, 2018, to the west-dong, Seo-gu, Ulsan apartment road located in Seogdong-gu, Ulsan-gu.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and reports on the situation of the driver involved in driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 stay of execution (Taking into account reflectivity, force of drinking, etc.);

1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;