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 September 15, 2009, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and on May 24, 2012, a fine of KRW 5 million as a crime of violating the Road Traffic Act from the Daegu District Court and the Daegu District Court.

On February 3, 2017, the Defendant, while under the influence of alcohol content of 0.156% during blood transfusion around 21:05, driven a car with B, off approximately 4km from the front of the Seogsan-dong Hyundai Culture Center in Ulsan-si to the front road of approximately 64-ro 64, Jung-gu, Jung-gu, Jung-gu, Seoul-gu.

As a result, the Defendant again driven the said car while under the influence of alcohol, as a person who violated the prohibition of drinking twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 27)-related 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 the volume of a crime (Article 55(1)3 of the same Act) (Article 53 and Article 55(1)3 of the same Act provides that even though not less than the liability for the crime is denied, there is no record of punishment heavier than the suspension of execution due to the same crime until the crime is committed, or it is not accompanied by a traffic accident, or other circumstances such as the details of the crime, degree of reflect, etc. as shown in the records and pleadings;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;