A defendant shall be punished by imprisonment with prison labor for not more than ten 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.

Criminal facts

【The Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on June 8, 2009, and a fine of KRW 5 million for the same crime at the Ulsan District Court on March 25, 2014.

【Around February 16, 2017, the Defendant driven Bone Star Motor Vehicle at a section of approximately 500 meters from the Song Jong-gu’s parks adjacent to the U.S., Ulsan-gu, Ulsan-gu, to the roads front of the same transmitting elementary school under the influence of alcohol content of 0.285% during blood.

Accordingly, the Defendant, who violated the prohibition on drinking at least 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. Inquiries about the results of crackdown on driving under drinking, reporting on the situation of driving under drinking, report on the circumstances of the driver under driving under drinking, response to requests for appraisal and written appraisal, and report on the driving under driving under driving under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Article 62-2 of the Criminal Act provides that the amount of alcohol concentration is very high in blood for the reason of sentencing, and the Defendant was punished for drinking in 2002 and 2005, in addition to the driving power of the introduced criminal records, the Defendant was punished for driving under drinking in addition to the driving power of the introduced criminal records, taking this into account the 5th alcohol driving, the Defendant’s punishment history, etc.