A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 18, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and on December 9, 2013, the same court received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act.

On April 4, 2016, the Defendant driven B 110S Orba under the influence of alcohol content of about 0.074% at a section of approximately 1km to the front road of the bankruptcy elderly welfare center for the aged who is located in Ulsan-dong, Nam-gu, Chungcheongnam-gu, Ulsan-gu, Seoul-do, Seoul-do, on the roads near the Southern-gu, Ulsan-do.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. A report on investigation;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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 (Consideration of the fact that the defendant has no record of punishment heavier than imprisonment without prison labor for the same kind of crime);