A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 6, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act, and KRW 4 million by the Jeju District Court for the same crime on September 18, 2014.

On October 05, 2018, the Defendant, as a person who violated the regulations on the prohibition of drunk driving twice or more, driven a fMW318i vehicle under the influence of alcohol 0.07%, from the front of the C Hospital located in Osan-si B to the front road located in Osan-si D, Osan-si. In addition, the Defendant driven a fMW318i vehicle under the influence of alcohol 0.097%.

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 convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

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 (Taking into account the following favorable sentencing grounds):

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant committed the instant crime, that there was no record of punishment exceeding a fine for the last twenty years, and that the distance of drunk driving was relatively short and the blood alcohol concentration was not high, is favorable to the defendant.

However, in addition to the previous convictions, the defendant has a total of three times of punishment such as punishment of a fine for drunk driving in 2000, and there are many criminal records related to the operation of motor vehicles, such as violation of the Road Act, violation of the Road Traffic Act, and violation of the Guarantee of Automobile Accident Compensation Act.

However, given that the Defendant’s current health is not good, and it seems inappropriate to order the Defendant to provide community service order, etc. as he/she is currently receiving hospitalized treatment for alcohol addiction at a hospital, it seems that ordering the Defendant to provide a relatively long-term period of stay of execution, the Defendant will order probation during that