A defendant shall be punished by imprisonment 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.

Punishment of the crime

On February 3, 2010, the Defendant was notified of a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Busan District Court. On February 19, 2014, the Defendant was notified of a summary order of a fine of 4 million won for the same crime at the Ulsan District Court.

On May 25, 2018, the Defendant driven BK5 car at the section of approximately 1.5 km from the modern maritime road near Ulsan-si, Nam-gu, Seoul-si, to the prosperity northwest-dong located in the same city and Jung-gu, Jung-gu, Seoul-si, the alcohol content of which is 0:40% in alcohol.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle under the influence of alcohol once again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (the confirmation of the previous history), and application of the statutes governing summary orders;

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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201; Supreme Court Decision 2008Da1448, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., whether the aforementioned grounds for mitigation of quantity are multi-party, the age, criminal defendant's sex, criminal conduct, family relationship, and the motive and circumstances of the instant crime);

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