A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On November 19, 2007, the defendant was sentenced to a fine of four million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court's Dong branch on November 19, 2007, and a fine of five million won due to a violation of the Road Traffic Act (drinking driving) at the same court on February 26, 2008, and on May 26, 2010, the same court was sentenced to a suspended sentence of two years for six months.

On February 11, 2018, while under the influence of alcohol level of 0.163% during blood transfusion around 21:35, the Defendant driven a three-km vehicle at approximately 3km from the vicinity of the captain of Busan-gun to the front side of the police station of the captain of Samsung-ri, Samsung-gun, in the direction of alcohol level of 0.163%.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to inquiries, such as a statement report on the situation of the driver at the main place, a report on investigation (report on the situation of the driver at the main place), a written inquiry about criminal history, and a report on investigation (Attachment to the suspect's records;

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. Taking into account the following circumstances: (a) in light of the protection observation, order to attend lecture, and order to provide community service, and setting the Defendant’s criminal records on the grounds of sentencing under Article 62-2 of the Criminal Act, the immediately preceding criminal records of the Defendant are eight years prior to the Defendant’s imprisonment.

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.