A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On September 12, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court on September 12, 2008, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court on October 30, 2008.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven a D car under the influence of alcohol content of about 0.215% from the 110-meter section to the front road of the Defendant’s house located in Ulsan-gu, Ulsan-gu, Seoul around August 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries, such as report on investigation (verification of driving skills under drinking not less than twice) and criminal history;

1. Article 148-2 of the Criminal Act applicable to the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Criminal Act that choose the penalty (the choice 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 stay of execution (see, e.g., the interval of time before and after the previous drinking);

1. An order to attend a course under Article 62-2 of the Criminal Act;