A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 17, 2010, the Defendant was punished by a fine of two million won as a crime of violating the Road Traffic Act (drinking driving), and on August 27, 2014 in the same court, the Defendant was punished by a fine of four million won as the same crime.

Nevertheless, on November 22, 2016, the Defendant driven a motor vehicle under the influence of alcohol again while under the influence of alcohol, from the section of about 30 meters of alcohol to the 0.091% of alcohol on an alternative underground lane located in the same Ri from the Do of the Do in front of the Dolsan-gun, U.S., Ulsan-gun, an alternative Eup (U.S.) to the Do in front of the alternative road in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to previous decisions) and statutes;

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

1. Selection of imprisonment ( Taking into account that there are many records of criminal acts of the same kind);

1. Reduction of a small amount of punishment under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration given in favor of the fact that a person has no criminal record of the suspension of execution of punishment or heavier punishment);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;