A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

On May 1, 2014, the Defendant was sentenced to a fine of 6 million won due to a violation of road traffic laws at the Ulsan District Court, and was sentenced to a suspended sentence of 8 months for a crime of violating road traffic laws at the Ulsan District Court on October 8, 2015.

On August 27, 2018, the Defendant, who had a record of violating the Road Traffic Act two or more times due to drinking driving, driven a D SP car at a section of about 100 meters in the state of alcohol concentration of about 0.134% while under the influence of alcohol on the front of the road located in Ulsan-gu C in Ulsan-gu, Ulsan-gu. B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include four times the criminal records of the defendant due to drinking alcohol (three times the punishment, three times the suspension of execution, one time the suspension of execution). The degree of alcohol concentration in the blood of this case could lead to a serious accident. The social harm caused by drinking alcohol was serious and the defendant's age, sex, environment, motive, means and result, and all other circumstances constituting the conditions for sentencing, including the circumstances after the crime, shall be comprehensively taken into account.