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 September 25, 2009, the Defendant was issued a summary order of two million won or more for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on September 25, 2009, and on December 15, 2014, the Defendant was issued a summary order of five million won or more for the same crime in the same court.

On November 27, 2016, at around 21:05, the Defendant driven a C-wing truck with alcohol level of at least 0.124% while under the influence of alcohol level of at least 0.124%, without obtaining a driver’s license, from the front side of the Dong-dong bus bus terminal located in Pyeongtaek-gun, Gyeonggi-do, Pyeongtaek-do to the front side of the same 2nd grade of the same Dong-dong bus.

Accordingly, the defendant, who violated the prohibition of 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. A protocol concerning the examination of the police officers of the accused;

1. The written statement of the defendant;

1. A report on the circumstances of the driver at home;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Materials output of a drinking-free measuring instrument;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous and confirmation), and a copy of summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has already been punished three times before the Defendant, and the driver's license was revoked, and the Defendant also driven under the influence of alcohol.

In principle, punishment is inevitable.

However, previous drinking driving offenses have been punished by a fine, and there is no other punishment except traffic accident-related crimes.

In addition, the defendant's age, economic situation, family relationship, and crime are caused.