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

【Criminal Power】 On January 15, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Ulsan District Court, and KRW 5 million for the same crime at the above court on June 30, 2015.

(1) On November 15, 2018, at around 03:30 on November 15, 2018, the Defendant driven a F Kaman car with a blood alcohol concentration of about 0.086% from the 3km section of approximately 3km to the E convenience store located in Jung-gu, Ulsan-gu to the same city E convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the statement of the status of the driver, reports on the status of the driver's license, and photographs at the time of detection;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 (1) 1 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Education provides that the degree of blood alcohol content is not high for the reason of sentencing, and it was sentenced to a fine for the violation of the Road Traffic Act in 2004 in addition to the criminal records as stated in the judgment, considering the fact that this is the fourth drinking driver at the same time as the third driving under influence of alcohol, there is no penalty power other than the fine set forth in the above three above, and that the defendant reflects the error, etc.