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 March 18, 2009, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act at the Ulsan District Court on December 20, 201, by a fine of three million won for the same crime in the same court on December 20, 201, and by a fine of five million won for the same crime in the same court on October 22, 2013.

On April 13, 2019, at around 01:22, the Defendant driven B rocketing car with approximately 1 km alcohol concentration of about 0.114% from the 1km section to the roads adjacent to the 441 Yangsan Station in the same direction.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same criminal records);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the facts constituting an offense [election of imprisonment]

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the sentencing of Article 62-2 of the Criminal Act provides community service and the order to attend a lecture, despite the fact that the defendant had been punished for drinking alcohol driving for the reason of sentencing, is going back to the crime of this case. On the other hand, the defendant's age, occupation, character, personality and behavior, family relationship, living environment, circumstances leading to the crime, circumstances leading to the crime and circumstances after the crime, etc., the sentence like the order shall be determined by taking into account the following factors: the execution of the sentence shall be suspended, and community service and order to attend a lecture