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 August 14, 2009, the Defendant received a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act at the Seoul Central District Court on August 14, 2009, and a fine of two million won or more as a crime of violating the Road Traffic Act at the Jung-gu District Court on May 29, 2013.

On August 10, 2017, the Defendant driven a DNA coo-coo vehicle under the influence of alcohol of about 1.4km from approximately 0.199% alcohol concentration in blood to the 62nd roads, from the fluorian border to the fluorian border, from the fluorian border road located in the fluorian Government Dong on August 10, 2017.

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. A traffic accident report;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, notification of the results of dispositions and notification of the results thereof, and application of Acts and subordinate statutes to investigation reports (Attachment to the previous decisions);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is for the crime of this case to be committed by drinking drivers.

However, the Defendant was sentenced to a fine for traffic-related crimes by driving without a license, etc., in addition to the Defendant.

Nevertheless, the alcohol concentration in the blood was 0.199%, which led to the driving of the instant drinking, and the blood alcohol concentration was 0.19%.

Moreover, it is difficult to be subject to punishment of fines that are less exceptionally.

Article 148-2 (1) 1 of the Road Traffic Act, the purpose of punishing the third or higher drinking driving, is to punish the person, the lower limit of imprisonment is one year.

However, the defendant's act is very important when he/she is charged with a trial at once.