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

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

Punishment of the crime

On June 4, 2008, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on September 23, 2013, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 3 million for a violation of the Road Traffic Act.

On May 2, 2019, at around 00:25, the Defendant driven a vehicle of approximately three meters in the e-car while under the influence of alcohol with approximately 0.223% alcohol concentration from the parking lot front of a photo pipe C in Ulsan-gu B to the front of the above D pharmacy C.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven the above low-speed vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries about the results of the drinking driving control, and response to requests for appraisal;

1. The actual condition survey report and photographs;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The rationale behind sentencing under Article 62-2 of the Criminal Act of probation and community service order is recognized, the driving distance is only three meters, and the fact that there is no previous conviction exceeding the fine is favorable to the defendant.

On the other hand, the fact that blood alcohol concentration is high, that there are three times before drinking driving, and that the traffic accident causes is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, circumstances after crime, etc., shall be determined as per the order.