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

[criminal history] The defendant has a record of being sentenced to a fine of 2.5 million won in the Ulsan District Court on December 8, 2006 due to a violation of road traffic laws (driving), a fine of 1.5 million won in the same court on September 12, 2008 as a crime of violating road traffic laws (driving), and a fine of 6 million won in the same court on May 17, 2012 as a crime of violating road traffic laws (driving), respectively.

[2] Although the Defendant was punished for drinking driving two or more times above, on March 16, 2016, the Defendant driven approximately KRW 200 meters from the gamb in the south-gu, Ulsan-gu, the direction of alcohol concentration of 0.072% under the influence of alcohol during the blood of around 20:28 on March 16, 2016 to the road front of the same opening market.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment 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. Consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act was already punished for driving under the influence of alcohol at least four times, but there is no sentence of probation or higher for the same crime, and the drinking volume is not significantly high;