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.

Criminal facts

【Criminal Records of Crimes】 On November 30, 2009, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic laws at the Ulsan District Court on November 30, 2009 and a fine of five million won for the same crime at the same court on April 26, 2012.

【Around 02:50 on February 18, 2017, the Defendant driven a 300-meter B SP car from a terminal located in Ulsan-dong to the front side of the summer-dong in the same Gu from the point of view of alcohol level of 0.157% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures are as follows: (a) the Defendant was sentenced to a fine for drinking driving in 2000, a fine for drinking driving in 2006, and a fine for drinking in 2006, respectively; and (b) the Defendant’s 5th alcohol driving at the same time falls under the second three-dimensional relationship; and (c) the amount of alcohol concentration among the blood transfusion of this case is high.