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

[criminal history] On September 5, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on September 5, 2007; on June 1, 2009, a fine of KRW 1.5 million for a crime of violating the Road Traffic Act; on July 31, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the same court; on July 31, 2009, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

[Criminal facts] On October 28, 2015, the Defendant driven C Mt Motor Vehicles at approximately KRW 500 meters from the door-type parking lot located in the Pakistan-si, Pakistan-si to the window distance located in the same Eup under the influence of alcohol content of 0.20% during blood transfusion around 23:30%.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous record of judgment making an inquiry about the result of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Each investigation report and application of each summary order under Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, community service, and lecture attendance order, and Article 59 of the Protection, Observation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and

3. A suspended sentence of two years, etc. for one year (the details and result of the crime, especially the high drinking level, the criminal records and relationship with the criminal records of the same kind, the family members to support the defendant, and the facts which are relatively difficult to financially and economically, and other factors such as the age, sexual behavior, etc. of the defendant);