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

On December 15, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on February 20, 2014, the above court issued a summary order of KRW 9 million for the same crime.

On July 8, 2017, the Defendant driven B rocketing car with approximately 100 meters alcohol content 0.197% from the 100-meter section to the road below the said mountain railway path located in Ulsan-gun, Ulsan-gun, Ulsan-si, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the volume of a crime (Article 55(1)3 of the same Act) (Article 53 and Article 55(1)3 of the same Act provides that even though not less than the liability for the crime is denied, there is no record of punishment heavier than the suspension of execution due to the same crime until the crime is committed, or it is not accompanied by a traffic accident, or other circumstances such as the details of the crime committed in the records and pleadings and the degree of reflectance, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;