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 April 23, 2013, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic laws at the Ulsan District Court on April 23, 201, and a fine of 1.5 million won for the same crime at the same court on December 4, 2015, respectively.

Defendant, as above, has violated the provision on the prohibition of driving under the influence of alcohol twice or more, once again drive BN car in the state of under the influence of alcohol with approximately KRW 0.086% alcohol concentration in the section of approximately 200 meters from the road near the Nam-gu, Ulsan-gu, Ulsan-gu, Seoul-do, Seoul-do, to the front road, on January 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense [the choice of imprisonment] under the relevant Act;

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. Although the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act had two times the records of punishment for driving under the influence of alcohol, he/she again drives under the influence of alcohol, he/she is not weak, but he/she is able to repent his/her errors and guide the defendant.

The sentence as ordered shall be determined by comprehensively taking into account the following facts: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., and the execution of the sentence shall be suspended and community service shall be ordered.