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.

Punishment of the crime

On April 10, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act. On June 10, 2014, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

On December 11, 2015, the Defendant driven a rocketing car at approximately 50 meters near the frequency of C in Ulsannam-gu, under the influence of alcohol content of 0.158% during blood at around 21:02.

As a result, the defendant was sentenced to criminal punishment twice or more due to drinking, but he was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. Inquiry about criminal history;

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

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

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 (Taking into account that there exists no record of past punishment of imprisonment without prison labor or heavier punishment for the crime of the same kind);

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