A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On December 30, 2014, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on July 6, 2016, the Defendant received a summary order of KRW 1,00,000 as a fine for the same crime in the same court.

On June 3, 2019, at around 23:40, the Defendant driven a Dawing-III cargo vehicle with approximately 2 km in the 2km section from the Dasan-si road located in Yangsan-si B to the 225 water ICD road, while under the influence of alcohol level of about 0.182%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the reasons for sentencing under Article 62-2 of the Criminal Act are acknowledged, and the fact that there is no criminal record exceeding the fine is favorable to the defendant.

On the other hand, the fact that blood alcohol concentration is high, and that there are two same criminal records and two same criminal records are disadvantageous to the defendant.

Other factors of sentencing, such as the age, health status, environment, motive of crime, etc. of defendants, shall be determined as per the order.