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.

On December 15, 2006, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Ulsan District Court on December 15, 2006. On June 14, 2007, the Defendant was sentenced to a suspended sentence of seven months for the same crime. On March 15, 2010, the Defendant was sentenced to a fine of three million won for the same crime by the same court.

Criminal facts

On August 18, 2012, the Defendant, without a car driver’s license around 23:20 on August 18, 2012, driven a Grandroth vehicle under the influence of alcohol of approximately 1km from the modern sea near the Nam-gu, Ulsan-dong to the same Kusan-dong bus terminal, and of about 0.098% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;

1. Disqualifications of the main office;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on Probation, etc., and Article 59 of the Act on the Punishment of Probation, etc., the current Road Traffic Act, when a person who has been engaged in drinking driving at least two times for the purpose of preventing a drunk driving and ensuring a warning sense, re-driving a drinking again, has strengthened the punishment, and the defendant, even though he was sentenced to a suspended sentence for drinking driving in 2007 and was sentenced to a fine for driving again in 209 after he was sentenced to a suspended sentence for drinking driving in 209, needs to strictly punish the defendant when considering

However, the defendant is depth.