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 March 4, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on March 4, 2015, and a summary order of KRW 5 million for the same crime at the same court on January 20, 2016.

On May 31, 2017, the Defendant driven an E 5 vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of 0.195% at a section of approximately 200 meters from the 300-meter radius to the entrance of “D” atmosphere located in the Southern-gu Busan Metropolitan City, Ulsan-do.

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 conviction: Inquiry about criminal history and application of a copy of each summary order;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity [ although the liability for the crime is not minor in light of various circumstances, such as repetition of the crime of the same kind, risk of repeating the crime, degree of drinking alcohol (0.195%), accompanying an accident, etc., but there are no records of the same suspended execution or higher, or various circumstances, such as the fact that there is no record of the same suspended execution or higher, details of the crime, degree of reflectivity, etc.

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;