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 October 5, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic laws at the Ulsan District Court on August 10, 201, a fine of KRW 2.5 million for a violation of road traffic laws at the Ulsan District Court on August 10, 201, and a fine of KRW 5 million for a violation of road traffic laws at the Ulsan District Court on December 27, 2013.

around 14:05 on December 7, 2016, the Defendant driven a B-crack-type car at a distance of about 50 meters from the same apartment to the underground parking lot of 205-dong apartment units in front of the 205-dong ground parking lot in Gyeyang-si, Yangsan-si, Yangsan-si.

Accordingly, the Defendant violated it more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;

1. A report on investigation (attaching photographs);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation and the order to attend a lecture, is highly likely to be subject to criticism in that the driver himself/herself knowingly, as well as the possibility of occurrence of an accident and the risk thereof, and the defendant was sentenced to a fine of three times due to drinking prior to the introduction of the crime, and the third drinking driving was punished as "three-dimensional", and thus, it falls under the second three-year relationship at the same time as the fourth drinking driving. However, in light of the fact that the second three-year relationship between the fourth drinking and the second three-year drinking driving, the driving of drinking is not high in the degree of alcohol concentration and the short distance of the driving of drinking.