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

On June 20, 2007, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of road traffic law (drinking driving), and a summary order of KRW 4 million from April 14, 2017 to a fine of KRW 4 million due to the same crime under the same support, and was punished on at least two occasions for a violation of road traffic law (drinking driving), respectively.

On February 17, 2018, the Defendant driven BP motor vehicle under the influence of alcohol content of about 0.137% from the 2km section of approximately 2km from the 508-dong, Seo-gu, Busan, Seo-gu to the 177th road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Based on the grounds for sentencing under Article 62-2 of the Criminal Act, all of the sentencing factors indicated in the pleadings of the instant case, including the Defendant’s age, sex, environment, family relationship, and drinking driving, etc., the sentence as ordered shall be determined by considering the following circumstances.

A favorable circumstances: The defendant's mistake and reflects the defendant's wrong, and the defendant has no record of a punishment heavier than a suspended sentence due to the same crime: The defendant has been punished three times for the same crime, but he/she also reaches the crime of driving under the drinking of this case; the alcohol concentration in blood at the time is 0.137%; and the traffic accident occurs due to drinking driving.