A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 11, 2008, the Defendant was sentenced to a summary order of a fine of 2.5 million won for a crime of violating road traffic laws in the Changwon District Court’s Tongwon District Court’s Tongwon District Court’s Tong-gu branch on December 11, 2008; on February 17, 2011, the above court issued a summary order of a fine of 3 million won for the same crime; and on May 4, 2011, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime.

On January 3, 2017, the Defendant driven Bsch Rexn car in the state of alcohol alcohol concentration of about 0.113% from the Southern market parking lot located in Ulsan-si, Ulsan-si to the alternative distance in the same Eup/Myeon from the Southern market parking lot located in the Southern-si, Ulsan-si to the same Eup/Myeon.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service and order to attend lectures: The interval between the confession, reflective attitude, driving distance, and the final suspension of execution of the same kind of occupation;

E. Unfavorable circumstances: The Defendant had a total of six times of driving prior to the instant crime, such as having two previous convictions prior to the instant crime, and had a record of being suspended from the execution of drinking due to driving of drinking, and the drinking volume has not reached 0.113%.