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

Punishment of the crime

On May 18, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court, and on December 13, 2010, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act at the Ulsan District Court.

On September 24, 2015, at around 22:45, the Defendant driven B rocketing car with the blood alcohol concentration of about 50 meters from a bus terminal front of the bus terminal located in Ulsan-gu, Ulsan-gu to the Dong-dong to the front of the restaurant, while driving B rocketing car with the blood alcohol concentration of about 0.10% from around 50 meters to the front of the restaurant.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on driving under the influence of alcohol drivers, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the state of drinking drivers, and inquiry requests for appraisal;

1. Previous records of judgment: Criminal records, repeated statements, copies of summary order, application of Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has been engaged in drinking alcohol driving four times, such as the probationary power of the court below, but the blood alcohol concentration is relatively high, which is disadvantageous to the defendant.

However, the punishment as ordered shall be determined in consideration of the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant and there is no record of criminal punishment since 2011, and other various sentencing conditions shown in the records, such as the age, character and behavior, environment, motive and circumstance of drinking driving, the distance of drinking driving, and the circumstances after the crime.