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 of the final judgment.

Punishment of the crime

On May 3, 2011, the Defendant received a summary order of a fine of KRW 3 million for a crime of violation of the Road Traffic Act from the Jung-gu District Court on July 22, 201, and was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on July 22, 201. On May 10, 2013, the Defendant driving a BM3 car under the influence of alcohol concentration of approximately 0.140% from the Do in front of the winter-gu, Jyang-gu, Namyang-si, Namyang-gu, Jyang-gu, Seoul Special Metropolitan City on May 22 and 54, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (formers and results reports) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the defendant was punished several times due to drinking driving. In particular, it is doubtful whether the defendant committed the crime of drinking driving in this case even though he was sentenced to a fine more than two times after he was sentenced to a punishment due to drinking driving, and the execution of a sentence was completed, and he was sentenced to a punishment due to drinking driving, and even when he was sentenced to a fine more than two times as stated in the judgment during the period of a repeated offense.

However, in order for the defendant to support the disabled children while on duty, in consideration of the above circumstances, one more belief of the defendant's dignity and give the last opportunity to repent, according to the special rules on probation, one week or more of alcoholic beverages is not consumed, and one week or more of alcoholic beverages is requested by the probation officer.