A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On January 19, 2009, the defendant was issued a summary order of a fine of two million won by the same court as a crime of violating the Road Traffic Act (driving). On December 17, 2009, the defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution.

[2] On February 10, 2017, the Defendant, while under the influence of alcohol of 00:33% in blood, driven a Bppon vehicle from around 200 meters in the section of approximately 200 meters to the 17-gil Gyeongcheon-si Gyeongcheon-si Gyeongcheon-si Gyeongcheon-si Gyeongcheon-si Gyeongcheon-si Gyeongcheon-si Gyeongcheon-si Gyeong-si Do, as well as from around 17, 2050 in the direction of the Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and the statement on the circumstances of driving at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records) statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include three times the Defendant already been punished due to drinking driving, and there is also the fact that the Defendant was sentenced to a suspended sentence of imprisonment due to drinking driving or unlicensed driving.

Even at a time, the defendant had to drive under the influence of alcohol even though there is no inevitable reason to do so. In light of the purpose of the Road Traffic Act, the defendant needs to be punished with strict punishment, considering the repeated driving of drinking and the purpose of the Road Traffic Act, which attempts to prevent the unexpected consequences caused by driving under the influence of alcohol.

However, since the defendant was punished three times due to drinking between 2008 and 2009, there was no record of punishment for drinking up to now, and the amount of alcohol concentration is less than 0.1% at the time of the crime of this case, and no accident occurred while the defendant committed the crime of this case, and the defendant is suspended from execution.