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 2, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Gunsan Branch of the Jeonju District Court on September 2, 2015, and was sentenced to a fine of KRW 1.5 million on May 16, 2017, and was sentenced to a fine of KRW 2 million on July 19, 2017 by the same court on July 19, 2017.

On May 21, 2017, the Defendant, around 07:41, driven a Bland with alcohol level of about 0.110% under the influence of alcohol level of about 500 meters at approximately 502 KCC in front of the same livero-ro 7, Donsi, Donsan-si, Donsan-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to a summary order), investigation report (report attached to an indictment) and Acts and subordinate statutes;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, who had been punished twice due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, was driving under the influence of alcohol without a license for driving under the influence of alcohol. In particular, driving under the influence of alcohol is a large accident by driving under the influence of considerable influence and physical exercise ability, and thus, is highly likely to cause serious harm to other unspecified persons. However, there are circumstances unfavorable to the Defendant, such as the Defendant’s mistake, and the Defendant’s act is recognized and against the same offense.