A defendant shall be punished by imprisonment for not more than ten 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 August 3, 2006, the Defendant was sentenced to a suspended sentence of 4 months for the crimes of violation of the Road Traffic Act at the Busan District Court on August 3, 2006. On November 18, 2010, the Defendant was sentenced to a summary order of 4 million won or more for the crimes of violation of the Road Traffic Act at the Changwon District Court on November 18, 201.

On June 12, 2019, at around 19:15, the Defendant driven a F car in the state of alcohol alcohol 0.328% at approximately 6.5km section from “C” located in Ulsan Northern-gu B to “E” located in Ulsan-dong, Ulsan-gu.

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. Making a report on the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, investigation reports (Attachment to attached records of the same criminal records, etc.), and copies of summary orders;

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. Probation, community service, and order to attend the course of sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished for driving under the influence of alcohol, again went to the crime of this case, the degree of drinking is very important, while the vehicle scrappings the vehicle after committing the crime, the fact that there has been no criminal record for the last nine years, and other conditions of sentencing indicated in the record, such as the defendant's age, occupation, occupation, character and behavior, family relationship, living environment, circumstances leading to the crime, circumstances after committing the crime, etc., the sentence identical to the order shall be determined, and the execution thereof shall be suspended, and probation, community service, and order to attend the course shall be ordered