A defendant shall be punished by imprisonment for 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.

Punishment of the crime

On May 16, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a crime of violating the Road Traffic Act, and a fine of KRW 4 million by the same court on March 28, 2013.

On December 28, 2016, around 02:31, the Defendant driven B mixed-water car with approximately 1km in the state of alcohol concentration of 0.114% in the blood alcohol level on the front of the “Modern Culture Second Apartment” road located in 18, Seocheon-dong, Ulsan-dong, Ulsan-dong, Seoul-do.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry of the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Interpellation into a driver's license and making an inquiry into the enemy;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Selection of imprisonment with prison labor chosen;

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 (see, e.g., Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;