A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

【The Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on September 5, 2014. On July 8, 2016, the Defendant was sentenced to a suspended sentence of one year for six months due to a crime of violating the Road Traffic Act in the same court.

【Defendant Inasmuch as the aforementioned crime was punished twice due to the violation of the Road Traffic Act (driving of Drinking), Defendant 1 driven Ccoon-line cargo at approximately 0.075% of alcohol level in the 50-meter section from the front of the rent apartment house 34-ro, Ulsan-dong, Ulsan-gu, Seoul-do, to the underground parking lot of the same apartment.

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 convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

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, even though the defendant had a history of driving under drinking from 2000 to 5 times, repeating the pertinent drinking, is disadvantageous circumstances, but the previous drinking was caused by driving under drinking while moving a vehicle parked on the street to an apartment underground parking lot without a brupting drinking, and the degree of alcohol concentration in blood is not high, and the punishment is determined as ordered by considering the elderly.