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 two years from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Records of Crimes】 On September 26, 2008, the Defendant was sentenced to a fine of KRW 2 million by the Ulsan District Court for a crime of violating the Road Traffic Act (driving) and a fine of KRW 2 million by the same court on April 14, 2014.

【Around February 5, 2017, the Defendant driven a c motor vehicle under the influence of alcohol content of about 300 meters in front of the apartment site B at the “Dapin 95” road in Gyeyang-si, Yangsan-ro, Yangsan-si, Yangsan-si, with approximately 00 meters in front of B apartment.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on the detection of any case that is suspected to violate traffic laws on roads, reporting on the situation of the driver who is placed in driving, notification of the results of crackdown on drinking, and photographs related to crackdown;

1. A report on internal investigation (referring to internal investigation on the details of the detection of drinking);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order with a driving force under drinking not less than twice);

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 grounds for sentencing under Article 62-2 of the Criminal Act include not only the possibility of occurrence of an accident and the risk thereof, but also the fact that the Defendant was sentenced to a fine for a violation of the Road Traffic Act in 2003, in addition to the two-time punishment power of a violation of the Road Traffic Act (driving of Drinking), the Defendant is sentenced to a fine for a violation of the Road Traffic Act (driving of Drinking) in addition to the two-time punishment power of a violation of the Road Traffic Act (driving of Drinking) in consideration of the following: (a) the Defendant is a second drinking driver; and (b) the level of alcohol concentration in the blood alcohol in the instant driving