A defendant shall be punished by imprisonment for not less than eight 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

On February 4, 2008, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Ulsan District Court on February 4, 2008, and a fine of five million won for a violation of the Road Traffic Act at the Ulsan District Court on June 24, 2015, and a person who has more than three times the same criminal records.

On May 19, 2019, at around 07:32, the Defendant, while under the influence of alcohol at least 0.077% of blood alcohol concentration, driven the Erestex vehicle at approximately 100 meters away from a section of 100 meters to the front road of the Gu in front of the Defendant’s place of residence in Ulsan-gu, Ulsan-gu, Seoul-do, on the road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and investigation report;

1. Records of judgment: Criminal history records, probationary records, amounts of dispositions, results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

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

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

1. Probation, community service order, and selection of punishment under Article 62-2 of the Criminal Act: The defendant confessions and repents the crime of this case; the defendant has the same record, but there is no criminal record exceeding the fine, although there is no record of punishment exceeding five times; the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and all the records, such as the defendant's age, character and behavior, the distance of drinking alcohol concentration, drinking driving, and other records, shall be comprehensively taken into account;