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 one year from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Records】 The Defendant was punished by a fine of KRW 3 million for a violation of road traffic laws at the Ulsan District Court on June 7, 2017, and the same year

7.17. Busan District Court was sentenced to a fine of 4 million won for the same offense in the Dong Branch of the District Court.

【The Defendant driven a B rocketing car under the influence of alcohol content of approximately 500 meters from the 500-meter section to the front road of the Yyangwon located in Ulsan-gun, Ulsan-gun, Ulsan-do, to July 25, 2018, in the direction of alcohol content of about 0.137% in blood.

Accordingly, the Defendant was punished twice as a crime of violating the Road Traffic Act (drinking driving) but was under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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 reason for sentencing of Article 62-2 of the Criminal Act is the third drinking driving, the blood alcohol concentration of which is high, the punishment history of the Defendant’s judgment is only the criminal records, and the fact that the mistake is against each other, shall be taken into account.