A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

【Criminal Records of Crimes】 On May 25, 2010, the Defendant received a summary order of KRW 2,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and on November 2, 2016, a fine of KRW 5 million was imposed at the Ulsan District Court for a violation of the Road Traffic Act.

【Criminal fact-finding on November 26, 2016, the Defendant driven a car B with alcohol content of about 0.050% in the blood while under the influence of alcohol level 0.050% in the direction of the same Gu from the section of approximately 1.5 kilometers around the 1.5 kilometer-dong located in the same Gu on the side of the Lone Star Sea Sea, Nam-gu, Ulsan-do.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement in the circumstances of the driver of the main place of business, and a statement verifying the alcohol concentration in the blood;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 under Article 62-2 of the Criminal Code of the Order to Attend a lecture has a record of having been punished three times due to drinking driving. In particular, the repetition of the instant crime on November 2, 2016 immediately after being punished by a fine of five million won due to driving under drinking on November 2, 2016 is limited to 0.05% disadvantageous circumstances or the drinking value, there is no record of being punished exceeding the fine prior to the instant case, and the Defendant is not able to drive under drinking again while against the instant crime.

taking into account the fact that the disposition is being taken, the sentence shall be determined as ordered.