A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On July 15, 2008, the Defendant was issued a summary order of a fine of 4 million won for a violation of road traffic laws at the Ulsan District Court, etc. On August 19, 2010, the Defendant was sentenced to a fine of 5 million won for a violation of road traffic laws at the same court on August 19, 2010, and a fine of 5 million won for a violation of road traffic laws at the Busan High Court on June 14, 2012.

[Criminal facts] On August 7, 2018, the Defendant driven a motor vehicle under the influence of alcohol with approximately 1 km from the front of a mutual influent restaurant in Ulsan-gun B to the front of the “D” road in the same military group C from around 20:35, the Defendant driven a motor vehicle under the influence of alcohol with approximately 0.156% of alcohol in blood.

Accordingly, the Defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Attachment to the same type of force), each summary order and copy of the judgment, and the application of Acts and subordinate 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reason for sentencing”) is that the Defendant drives a motor vehicle under the influence of alcohol in spite of the fact that the Defendant had been punished on at least two occasions due to driving under the influence of alcohol, and the nature of the crime is not good, the Defendant’s blood concentration is considerably high, and five times due to the same kind of alcohol driving, etc., the Defendant was sentenced to a suspended sentence for six months as of June 14, 2012.