A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On February 10, 2011, the Defendant was issued a summary order of 2.5 million won by the Busan District Court for a crime of violation of the Road Traffic Act. On December 21, 2011, the Defendant was sentenced to a suspended sentence of 2.5 million won by imprisonment for the same crime in the same court.

【Criminal Facts】

On October 18, 2018, at around 22:00, the Defendant driven a FN-si car under the influence of alcohol content of approximately 0.097% from the 2km section from the front of the restaurant in the name of “C” located in the same city D from around 18, 2018 to the Epcck road.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and notification of the results of crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiry records into criminal records and a copy of judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following consideration shall be given to the accused in favor of the reasons for sentencing);

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The Defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act, has already been punished five times for drunk driving. In particular, in 2013, the Defendant was sentenced to imprisonment with prison labor for 10 months for committing the instant crime, such as refusal of drinking alcohol measurement.

However, after driving about about 2 km, the Defendant has stopped driving on his own and was found to have committed a crime during his rest.

The defendant recognized all of the crimes of this case and is in depth divided, and there seems to be circumstances to consider in family relations, etc.

The sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, shall be determined as the order.