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

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

Punishment of the crime

On November 30, 2009, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) by the Ulsan District Court on November 30, 2009, and a fine of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) in the same court on June 24, 2015.

At around 00:40 on October 30, 2016, the Defendant driven a B-car under the influence of alcohol with a blood alcohol concentration of 0.061% at the section of approximately 1km from the front day of the Mail-dong in Yangsan-si to the front day of the same high-class restaurant.

The Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition on drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of the same kind of power);

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of blood alcohol concentration and reflective points);

1. Order to attend lectures under Article 62-2 of the Criminal Act;