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

[criminal history] On August 22, 2013, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million due to a violation of road traffic laws, and on December 23, 2013, the Defendant received a summary order of KRW 5 million from the Ulsan District Court to a fine of KRW 1.5 million due to a violation of road traffic laws (driving).

[2] On June 18, 2018, the Defendant driven CK5 vehicles under the influence of alcohol with approximately KRW 0.076% alcohol concentration in blood from the section of about 7 km from the front of the Defendant’s house located in Ulsan-gu, Ulsan-gu, U.S., Ulsan-do to the road prior to the notice of the public vehicle in Ulsan-do.

Accordingly, even though the Defendant was punished on more than two occasions as a crime of violating the Road Traffic Act (drinking), the Defendant driven the above K5 vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, investigation report (report on the situation of the driver of drinking), and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of each summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act (the consideration of favorable circumstances expressed in the grounds for sentencing) of the Act on Reduction of Small Quantity;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of the favorable circumstances specified in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing criteria are not set for offenses of violating traffic laws on roads;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

The defendant has a record of punishing two fines due to the crime of violating the Road Traffic Act (drinking driving) and the crime of violating the Road Traffic Act (drawing driving) and there is no other criminal record of punishment.

The crime of this case is against the law.

술에 취한 정도가 매우 심한 것은 아니다( 혈 중 알콜 농도 0.076%). ◎ 피고인에게 불리한 정상은 다음과 같다.

(b) the defendant;