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 September 3, 2013, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court Branch on September 3, 2013. On April 23, 2014, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspension of execution.

On December 28, 2017, at around 00:45, the Defendant driven a D 7 Habrid car in the state of alcohol alcohol concentration of about 50 meters from approximately 50 meters to approximately 0.151% during blood, as from the influent land of 0:45 to the influent road of 265, Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, the situation report on the driver of drinking alcohol and the situation report on the driver of drinking alcohol;

1. Previous convictions: Inquiry into criminal history, investigation reports (report on attachment of the same kind of judgment of drinking driving), and application of each statute of the judgment;

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. In light of the fact that the Defendant again committed the instant crime under the conditions that the Defendant had the same criminal records, and the blood alcohol concentration exceeds 0.151%, the Defendant’s responsibility for the crime is not less than that of the crime, given that the Defendant’s reason for sentencing under Article 62-2 of the Social Service Order Act and Article 62-2 of the same Act committed several times.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the fact that the defendant is against the mistake, the circumstances leading up to the crime of this case, the distance of driving, the circumstances after the crime, and the age, sex, occupation, family relationship, economic condition, etc. of the defendant.