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

On October 1, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on September 3, 2014, a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act was issued at the Ulsan District Court's Busan District Court's Busan District Court's Dong Branch.

On March 19, 2017, the Defendant driven BMW740d car under the influence of alcohol concentration of approximately 0.092% at the 12km section from the front of a mutually influent restaurant located in the Seoul Special Metropolitan City, Ulsan-do, Ulsan-si to the front of the same restaurant located in the opening of the Nam-gu Seoul Special Metropolitan City to the front of the restaurant.

As a result, the defendant driving a car under the influence of alcohol even though the punishment force was twice or more as a crime of violating the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving drinking, circumstantial reports on drivers of drinking, response to requests for appraisal, and next inquiry;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;