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 October 20, 2008, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act at the Changwon District Court, and on May 28, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act in the same court on May 28, 201, and two years, and on November 22, 2013, with the same court on November 22, 2013, for six months, respectively.

On December 25, 2017, at around 22:36, the Defendant driven a car with B low alcohol content of about 1.5 km from the front of the flag of the Republic of Korea to the front road of the Kimhae-si, Kimhae-si, in which it is difficult to ascertain the trade name in the external road of the Kimhae-si, the Defendant driven a car with B low-speed typ, while under the influence of alcohol content of about 0.138%.

Accordingly, the Defendant, who violated the prohibition clause on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the same clause.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes in Part II of the Judgment, inquiry into criminal history, investigation report (the identity of the previous record), summary order, and application of the judgment;

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 on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant had been punished several times for the same criminal records, but he left the crime of this case, etc. disadvantageous to the defendant.

However, the punishment as ordered shall be determined in consideration of various circumstances that are conditions for sentencing, such as the fact that the defendant makes a confession in depth, the circumstance of drinking, the health status of the defendant, and other circumstances that are conditions for sentencing, such as the age, sex, and environment of the defendant.