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

[2] On December 28, 2006, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court on December 28, 2006, a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on October 30, 2008, and a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act at the same court on April 5, 201, respectively.

[2] On February 13, 2018, around 22:04, the Defendant driven a franchise-free vehicle under the influence of alcohol leveling 0.122% from the 109 entrance to the 103 entrance of the second floor of the apartment complex C, Yangsan-si, to approximately 50 meters from the 109 entrance to the 103 entrance.

Accordingly, the Defendant, who violated the prohibition of drinking under the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (the sequence 2,8 of evidence list);

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Each photograph;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the same kind of records), and the application of a copy of each summary order under statutes;

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

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above defendant shall be repeatedly considered);

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is disadvantageous to the defendant, in light of the fact that the defendant driven a motor vehicle under the influence of alcohol in spite of the fact that the defendant had been punished for driving two or more times of drinking, and the quality of the crime is not good, the defendant's blood concentration level is high, and the frequency and contents of the same criminal records are not less strict.