A defendant shall be punished by imprisonment for 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 June 1, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court. On February 26, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court.

On October 12, 2014, at around 05:10 on October 12, 2014, the Defendant driven a Category B new franchise vehicle with a blood alcohol content of about 0.200% from approximately 10 meters away from the 10-meter section above the cU convenience store to the road where the living zone in the Nam-gu, Nam-gu, Seoul Metropolitan City is located in the main place.

As a result, the defendant was a person with two times of drinking driving skills and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each traffic accident report and accident-related photograph;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

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. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

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.