A defendant shall be punished by imprisonment for 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.

Punishment of the crime

On September 8, 2009, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on February 22, 2016 to a fine of KRW 1 million from the Changwon District Court to a violation of the Road Traffic Act (drinking driving).

On August 9, 2018, the Defendant driven B-low-income car in the state of alcohol with approximately 0.142% alcohol concentration in blood at a section of about 100 meters from the front of the mutual influence house in Ulsan-gu, Ulsan-gu to the roads in front of the agricultural and fishery product market in the same Dong from the roads in the same Dong.

As a result, the defendant violated the prohibition on drinking at least twice, and once again drives a car while under influence of drinking in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and report on confirmation), and statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;