A defendant shall be punished by imprisonment for one year.

Criminal facts

On October 29, 2007, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on the summary order; on November 15, 2010, a fine of KRW 2.5 million to a violation of the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act; on June 14, 2012, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act; on October 31, 2013, the Defendant was sentenced to a suspended sentence of KRW 5 million to a fine of KRW 5 million for a violation of the Road Act at the Changwon District Court on the grounds of a violation of the Road Act (drinking), and on July 21, 2016, the Defendant was sentenced to a suspended sentence of ten years for a violation of the Road Act.

On June 2, 2017, at around 20:45, the Defendant driven a motor vehicle under the influence of alcohol concentration of about 0.091% in blood while under the influence of alcohol leveling from around 200 meters to the front road of the Chang-gu, Chang-gu, Chang-si, which is located in 123, from the road at the corner of the window in Chang-gu, Chang-si, Chang-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. License register;

1. Previous convictions in judgment: Application of the results of inquiry, such as criminal history, and of the text of judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for imposing selective sentence of imprisonment with prison labor is that there are some extenuating circumstances in light of the motive and background leading to the instant crime, etc., which are favorable to the Defendant.

On the other hand, the fact that the defendant committed the crime of this case without being aware of the period of suspension of the execution of the punishment due to drinking or non-licenseing even before, and that the defendant committed the crime of this case is disadvantageous to the defendant.

In addition, the means and results of the instant crime, the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence and environment, and criminal records.