A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal power] On July 28, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 1 million for the same crime at the same court on December 29, 2010, respectively.

【Criminal Facts】

On May 9, 2019, at around 22:15, the Defendant driven a F K9 car at a level of about 500 meters alcohol concentration of 0.129% from the front of the cooperative located in Ulsan-gun B to the front of the “E” located in D.

Accordingly, the defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and copies of each summary order issued under statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 201);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The fact that a motor vehicle was under the influence of alcohol twice the reason for sentencing under Article 62-2 of the Criminal Act, but the nature of the crime is not good while driving the motor vehicle while under the influence of alcohol, the defendant's blood alcohol concentration level is high at the time, and the criminal liability is not easy in light of the frequency, contents and time of the same criminal power, etc.