A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On June 28, 2010, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on the same day, and on April 23, 2014, the same court issued a summary order of KRW 5 million to a fine for the same crime.

On September 29, 2016, at least 0.239% of blood alcohol concentration, the Defendant, while under the influence of alcohol on September 29, 2016, driven a motor vehicle under the influence of alcohol again as a person who has driven a motor vehicle twice or more under the influence of alcohol by driving CM5 on the front of the living documentary in front of the Gulsan National University, the Agricultural Cooperative, Inc. in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of criminal records and investigation reports (No. 18);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same kind of crime, risk of repeating a crime, actual traffic accidents have occurred due to driving under the influence of alcohol in this case, and the drinking water level reaches 0.239%. However, the decision on the suspension of execution should be made, taking into account the fact that there is no past record of punishment heavier than that of the same kind of crime, or the attitude of reflectivity, etc.

1. Probation and community service order under Article 62-2 of the Criminal Act;