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

[Power of Crime] Violation of Traffic Act (Drinking 2008): Violation of Traffic Act (Drinking 2010): a fine of KRW 2 million (Drinking 201): a fine of KRW 3.5 million (Drinking 201): the Defendant was under the influence of alcohol level of KRW 0.095% during blood, and around September 21, 2017, the Defendant was driving B car at the section of approximately 400 meters from the front day of the Who-dong hospital in the Kimhae-si, Kim Jong-si to the front day of the Gho Hospital located in the same Dong-si.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment 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. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for a period of one year/ suspended sentence, two years of surveillance, one year of surveillance of protection, 40 hours attending a lecture, and grounds for a aggravation of community service hours: High blood level, degree of alcohol level, accumulated criminal records (=not less than three times of suspended sentence of the same kind and other times of the same type of punishment) and grounds for mitigation: Confession, etc.;