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 March 6, 2008, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 4 million for the same crime at the same court on September 16, 2011.

On April 1, 2017, the Defendant driven a coo car in B while under the influence of alcohol content of about 0.118% in the 1km section from the front day of the Saemaeul Undong Smart Home Apartment Complex, which is located in the same Sin-ro 34 to the front road of the same Sin-dong Smart Home Apartment Complex, at approximately 1km.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: The application of Acts and subordinate statutes after inquiry about criminal history, and reporting of the previous convictions of each disposition;

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 with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the volume of a crime (Article 55(1)3 of the same Act) (Article 53 and Article 55(1)3 of the same Act provides that even though not less than the liability for the crime is denied, there is no record of punishment heavier than the suspension of execution due to the same crime until the crime is committed, or it is not accompanied by a traffic accident, or other circumstances such as the details of the crime, degree of reflect, etc. as shown in the records and pleadings;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;