A defendant shall be punished by imprisonment with prison labor for up to 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.

Criminal facts

【Criminal Records of Crimes】 On April 29, 2015, the Defendant was sentenced by the Ulsan District Court to a fine of one million won for a violation of road traffic laws (driving), and a fine of one million and five hundred thousand won for the same crime at the same court on October 16 of the same year.

(2) On April 6, 2018, the Defendant: (a) operated a vehicle with 10m alcohol concentration of approximately 0.144% from the 10m section of the blood alcohol level to the 8-15m from the cafeteria-gun, Ulsan-si, Ulsan-si, Ulsan-si, Ulsan-do, to the day before the 8-15m from the cafeteria-si, Ulsan-do, Ulsan-do, U.S.-do to the day after the wind studio.

Accordingly, the Defendant, who violated the duty not to drive alcohol more than twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions: Application of inquiry statements, investigation reports (related previous convictions and reports), and other relevant Acts and subordinate 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 fact that the Defendant’s act of drinking constitutes three-way driving for the reason of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s act of punishing for driving without a license is also two times, and the amount of alcohol concentration in the blood of this case is high: Provided, That the distance of driving the Defendant’s act of drinking is short, the Defendant’s act of reflecting his mistake, and the circumstances of driving under the influence of alcohol is considered.