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 December 16, 2004, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), a fine of one million won for the same crime at the Seoul Eastern District Court on September 1, 2006, and a fine of one million won for the same crime at the Seoul Eastern District Court on October 20, 2008, respectively.

On September 22, 2017, the Defendant driven a Bgro motor vehicle at the section of about 10km from the influoral surface below the 0.131% alcohol level, while under the influence of alcohol at around 22:55, up to the 10km away from the fluoral surface to the fluoral road in the fluoral-gu branch of Sungnam City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and the statement on the circumstances of the driver at home;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has a large number of criminal records of the same kind, the high risk of driving alcohol, and the degree of alcohol content from the blood of the instant crime reaches 0.131%, etc. are disadvantageous circumstances.

However, in consideration of the fact that there is no record of punishment exceeding the fine against the defendant, confession and reflect on the crime of this case, and other factors under Article 51 of the Criminal Act, the punishment shall be determined as per the order.