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

On September 22, 2006, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (driving) at the Ulsan District Court on September 22, 2006, and a fine of four million won for the same crime at the same court on July 27, 2012.

On May 31, 2017, the Defendant again driven the said vehicle under the influence of alcohol as above, while driving the vehicle under the influence of alcohol on two or more occasions due to a violation of the Road Traffic Act (driving alcohol) by driving a vehicle with alcohol content of about 0.196% at a level of about 1km in front of the Guangdong-gu, Ulsan-gu, Ulsan-gu, Ulsan-do, Seoul Metropolitan City, for about 20:14, a person under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving drinking, circumstantial reports on drivers of drinking, next inquiry, and response to requests for appraisal;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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;