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 May 6, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act at the Ulsan District Court on May 13, 201.

On September 18, 2018, around 03:05, the Defendant driven a B Sti-type car under the influence of alcohol content of about 0.171% on the road at approximately 3 km away from the border terminal near the Man-do-Eup 813 to the middle village in front of the village in the same city of Jin-gu. In addition, the Defendant driven a B Sti-type car under the influence of alcohol content of about 0.171%.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification reports on suspect drinking records)-related 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order is that the Defendant, even though having been punished several times due to drinking driving, was engaged in driving under the influence of drinking, and the drinking level is relatively high.

However, in comprehensive consideration of the facts against the defendant, the fact that there is no record of a crime exceeding a fine, the age of the defendant, drinking alcohol, the circumstances and results of the crime, and other various circumstances shown in the pleadings of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.