A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On May 13, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,00,000 as a crime of violating the Road Traffic Act, and a fine of KRW 5 million as a crime of violating the Road Traffic Act at the Ulsan District Court on October 8, 2013.

On September 5, 2018, the Defendant driven B K7 vehicle under the influence of alcohol content of approximately 0.081% in a section of approximately 300 meters from the Do in front of this cafeteria to the road of the “agricultural and fishery product market” located in Ulsan-gu, Ulsan-gu.

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 K7 vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 (Consideration of reflector, influence of drinking driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;