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

On July 13, 2012, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court on July 13, 2012. On June 28, 2013, the Defendant was sentenced to imprisonment with prison labor for 8 months and suspension of execution for the same crime in the same court.

Criminal facts

Despite the fact that the Defendant driven a motor vehicle under the influence of alcohol on two occasions, the Defendant driven a motor vehicle with B, at around 00:10 on January 5, 2016, at around 00:10, under the influence of alcohol content of 0.198% during alcohol, from the gold village in the Geumju-dong, Geumju-do to the same diplomatic distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous record of a report on detection of the driver involved and a reply to a request for appraisal;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, community service, and lecture attendance order, and Article 59 of the Protection, Observation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and

3. A suspended sentence of two years, etc. for one year (the previous conviction, the relationship of the same criminal record, the figure of drinking, the circumstances of the crime, the fact that there is any family member to support the accused, the age, the sex, the relationship of criminal records, etc.);