A defendant shall be punished by imprisonment with prison labor 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, 2009, 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 violation of the Road Traffic Act. On January 11, 201, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) by the same court on January 27, 201, and issued a summary order of KRW 5 million by the same court on January 27, 201.

On June 10, 2019, at around 21:10, the Defendant driven a E Car with alcohol while under the influence of alcohol of about 50 meters alcohol concentration of 0.226% from the D convenience store near Ulsan-gun B to the D convenience store neighboring road.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same criminal records);

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

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

1. The fact that the facts charged for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture are acknowledged, the short driving distance, the fact that there is no criminal record exceeding the fine, the fact that the criminal records before drinking are about nine years, and the defendant suffers from liver side, and that the health of the defendant is not good.

On the other hand, the fact that blood alcohol concentration is high, and that the previous and four times of drinking driving are disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.