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 15, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law at a common military court of the 28th common military court of the army on September 15, 2008. On February 14, 2013, the Defendant was sentenced to a fine of five million won for the same crime at the Jung-gu District Court of the Republic of Korea.

On August 28, 2017, the Defendant: (a) driven a new car while under the influence of alcohol content 0.257% while under the influence of alcohol level 0.257% in blood on the roads near the 117 Elderly Welfare Center, a 117-ro, Gyeonggi-gun, Gyeonggi-do, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on traffic accidents and a survey report on actual condition;

1. Report on the result of regulating drinking driving;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant’s crime of drinking alcohol driving of this case with the reason of sentencing of Article 62-2 of the Criminal Act and the community service order and the order to attend a lecture was indicted pursuant to Article 148-2(1)1 of the Road Traffic Act, which is the purpose of punishing the Defendant more severely by falling under the third above.

In addition, at the time of the Defendant’s instant crime, the alcohol content in blood was 0.257%, and in itself, it was a serious crime that is assessed as in the same manner as the so-called three-dimensional relationship.

In 2013, the defendant was sentenced to suspended sentence due to refusal to measure drinking and driving without a license.

It is inevitable to choose a sentence of imprisonment.

However, the punishment as ordered shall be determined by considering the fact that the defendant currently reflects his/her behavior, and the age, sex, environment, attitude after the crime, etc. of the defendant.