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 July 15, 2010, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (driving) at the Changwon District Court (2010No477). On January 17, 2013, the Defendant was sentenced to a suspended sentence of 2 years, probation, and community service order of 120 hours for 4 months.

On June 24, 2018, at around 19:45, the Defendant driven a E-cargo under the influence of alcohol with approximately 2km alcohol concentration of 0.165% from the front of the village located in the Gyeongcheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the front road in the Gyeongbuk-gun, Chungcheongnam-do.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol even though he violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires a strict punishment for the Defendant, taking into account the following: (a) even though the Defendant had been punished several times due to drinking alcohol driving, he/she again carried out the instant drinking alcohol driving, and the risk of drinking alcohol driving.

However, in light of the following circumstances: (a) the Defendant recognized the Defendant’s mistake and resisted that the Defendant did not repeat the Defendant; (b) the Defendant disposed of the instant vehicle by mistake that did not drive under the influence of alcohol and drive without a license; (c) the Defendant should support the elderly and her wife and her children (in 2005, 2007) suffering from dementia (in 1928), the Defendant’s wife and her children (in 2005, 2007), and the Defendant’s wife and her children wished to boom the Defendant’s preference; (d) drinking alcohol and driving distance, driving distance, criminal records, criminal records, and the prosecutor’s previous sentence, the sentence is ordered as per Disposition.