A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On January 15, 2007, the Defendant is either a fine of one million won or more for a violation of the Road Traffic Act at the Ulsan District Court on January 15, 2007, and a fine of seven million won or more for a violation of the Road Traffic Act at the same court on May 29, 2012.

On October 27, 2014, at around 23:54, the Defendant driven the said vehicle under the influence of alcohol by 0.132%, while driving the vehicle with a blood alcohol content at approximately 0.132% at the section of approximately 1km in front of the new stop down in the same new-dong in the same new-dong, from the front of the new-stop-dong, the Defendant was under the influence of alcohol content at least 0.132%. However, the Defendant was under the influence of alcohol concentration at least twice, even though he was under the influence of alcohol content at least 0.132%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same crime even though he had been punished three times due to drinking driving, including one time the force of probation, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving shall be punished more strictly.

It is the factor of sentencing favorable to the defendant that the defendant's time to commit the crime and reflects the fact that the defendant's previous record of the same suspended execution was ten years.

In addition, in consideration of the age, character and conduct, environment, circumstances after the crime, etc. of the defendant, the punishment shall be determined as ordered and the execution of such punishment shall be suspended.