A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

On August 22, 2013, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court on August 26, 2014. On December 11, 2014, the Defendant was sentenced to a suspension of the execution of imprisonment for six months in the state of drinking by the same court on two or more occasions.

On September 11, 2018, the Defendant driven a B rocketing car under the influence of alcohol content of approximately 0.095% at a distance of about 2.2km from the public parking lot in Ulsan-gu, Ulsan-do to the front road in the 5-ro of Jung-gu, Jung-gu, Seoul-gu, Seoul-do to the five-lane 32km in the same city.

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of reflector, influence of drinking driving, etc.);

1. Protective observation, community service, and order to attend lectures under Article 62-2 of the Criminal Act;