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.

Criminal facts

On June 29, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on June 29, 201, and a fine of KRW 2 million for the same crime at the same court on October 2, 2015.

Although the Defendant violated the provision prohibiting driving of alcohol twice or more as above, on January 26, 2017, the Defendant driven a Bcoon Dok-type car under the influence of alcohol content of approximately 0.112% in the section of about 30 meters from the section of the 30-meter alcohol level to the front road of the Eup/Myeon office located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of drinking, the statement of the situation of driving of drinking, the detection and report of violations of road traffic laws (driving of drinking), and the inquiry of the results of crackdown on the driving of drinking, and the detailed statement of reported cases;

1. Investigation report (the application of the above dmark);

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to investigation reports (a summary order attached to a suspect's driving record);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order of education and sentencing under Article 62-2 of the Criminal Act is that the Defendant was sentenced to a fine for drinking in 2001 as well as the two punishment for driving under the influence of alcohol by the introduction of the criminal facts, and a fine for driving under the influence of drinking and driving without a license in 2002. This five times is the fifth drinking driver, and the blood alcohol concentration concentration is not low: Provided, That the distance of driving under the influence of alcohol is relatively short, the punishment shall be determined as per the order.