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 a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Records of Crimes】 On October 2, 2006, the Defendant was sentenced to a fine of KRW 4 million by the Ulsan District Court for a violation of Road Traffic Act (driving) and a violation of Road Traffic Act (licensed driving) and a fine of KRW 5 million by the same court on July 16, 2009.

【Around March 9, 2017, the Defendant driven CM520 automobiles at approximately 4 meters while under the influence of alcohol at around 0.099% while under the influence of alcohol on the roads before Yangsan-si Bpent, Yangsan-si.

As a result, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of any violation of traffic laws on roads, report on the situation of the driver of the driver driving, inquiry of the results of crackdown on drinking, and investigation report on any violation of traffic laws on roads;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of similar records of the same kind);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection 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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was sentenced to a fine due to drinking alcohol driving in 2004, in addition to the previous conviction of the criminal facts committed by the Defendant; and (b) the Defendant was sentenced to a suspended sentence of imprisonment by driving without license in 201; and (c) the Defendant was sentenced to a suspended sentence of imprisonment by driving without license in 201; (d) however, the Defendant’s degree of alcohol content during the blood transfusion in the instant case is not very high and the distance of driving is shorter.