A defendant shall be punished by imprisonment for not less than eight 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 October 31, 2006, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for the same crime from the Ulsan District Court on September 16, 2015, respectively.

Criminal facts

around 22:50 on May 8, 2018, the Defendant driven a “chip” car owned by the Defendant under the influence of alcohol concentration of approximately 0.123% during blood in the section of about 100 meters from the front of the road to the front road, which is located in 246 the same red-ro 246.

As a result, the defendant violated the prohibition on drinking at least twice, and once again drives a car while under influence of drinking in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of punishment for drinking driving, etc.);

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 on the grounds of the order to provide community service and attend lectures was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and result of the crime, and the situation after the crime.