A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Chuncheon District Court on April 12, 2007; the defendant was sentenced to a suspended sentence of KRW 2 years for the same crime at the Ulsan District Court on November 6, 2009; the defendant was sentenced to a fine of KRW 7 million for the same crime at the Ulsan District Court on September 11, 201; and the defendant was sentenced to a summary order of KRW 1.5 million for the same crime at the Ulsan District Court on November 11, 2013.

[2] On July 30, 2017, the Defendant driven CM5 vehicle under the influence of alcohol content of about 0.158% in blood at a section of about 40 km from the Do adjacent to the Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Seoul, to the front road of the Gancheon-do Scholarship Maintenance Industry, the Defendant driven CM5 vehicle under the influence of alcohol content of about 17:2.

In this respect, the defendant was punished for drinking more than twice, but he was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the situation of driving at home, a report on the assessment of alcohol during blood, and a report on the detection of a driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to the same final judgment, etc.);

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 reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, the community service order and the order to attend a lecture, has the record of having been punished for driving under the influence of alcohol in 2007, 2009, 2010, and 2013 within the last ten years, and among them, there was a history of having been sentenced to the suspension of the execution of imprisonment (violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) but there was a history of having been sentenced to the suspension of the execution of imprisonment (the appellate court sentenced in the first instance trial in 2010 was reduced to 7 million won). The Defendant committed the instant crime with drinking alcohol even when he was under the treatment of liver cancer, and even at the time of the previous crime of drinking alcohol, the alcohol content among blood alcohol was 0.15%.