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 March 12, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of road traffic law (drinking driving) in the Daejeon District Court's branch on March 12, 2008, and a fine of 2 million won for the same crime in the Daejeon District Court on September 1, 2009.

On January 26, 2016, the Defendant driven B rocketing car from around 600 meters to the front road of the Chungcheongnamnam University in the Daejeon Pungdong, under the influence of alcohol content of 0.106% during blood transfusion around 07:20%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on driving alcohol (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to a summary order, such as a copy of the summary order of the same type of crime);

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

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution) provides that under the favorable circumstances for the defendant, the defendant has been punished for the same crime as indicated in the judgment of the court, two times ( both fines). The current Road Traffic Act provides that a person who has violated the provision prohibiting driving of alcohol at least two times, and that the defendant has been punished for a different type of crime (the suspension of execution, the suspension of execution), the fact that the defendant has been punished for a different type of crime, shall be determined by taking into account the circumstances unfavorable to the defendant, such as the defendant's age, sexual behavior, environment, motive, means, and consequence of the crime, and all the conditions of sentencing prescribed in Article 51 of the Criminal Act, which are revealed in the trial process, and the execution of the sentence shall be suspended.