A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 29, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on August 29, 201, and KRW 4 million as a fine at the Busan District Court on August 19, 2014.

On April 15, 2018, at around 07:15, the Defendant driven a Blue vehicle while under the influence of alcohol content of about 0.102% from the 1km section to the 64-road apartment parking lot, from the Do near the Busan Police Station located in Yangsan-si 8-ro, Yangsan-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is an offense for which the sentencing guideline is not set.

A favorable normal: A normal condition that is unfavorable to a person who has no record of crime other than before the ruling that he/she made a confession and reflects his/her depth: A continuous punishment shall not be improved, and the concentration of alcohol in the blood shall not be improved.