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.

Criminal facts

On January 15, 2016, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on October 26, 2016, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act.

On May 21, 2018, at around 20:02, the Defendant driven BM5 vehicles under the influence of alcohol concentration of about 0.054% in blood at the section of about 2km from the Do near the entrance of the king-gun in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeong-do, which is located in the king-gun, to the third distance from the site located in the king-gun.

Accordingly, even though the Defendant was punished twice or more as a crime of violating the Road Traffic Act (drinking driving), the Defendant driven the above SM5 vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 stay of execution (Consideration of reflector, influence of drinking driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;