A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[M] On February 2, 2007, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of road traffic law at the Daejeon District Court's Branch of the Daejeon District Court on February 2, 2007. On October 15, 2012, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of road traffic law (driving alcohol) at the Daejeon District Court's Branch of the Daejeon District Court's Incheon District Court's Branch of the Daejeon District Court.

[2] On December 30, 2016, the Defendant driven a BM7 car at approximately 300 meters away from the 200th day of the new world department store located in the same Dong-dong, on the road near the restaurant where the trade name located in the Southern-dong, Nam-gu, Chungcheongnam-dong cannot be known while under the influence of alcohol content of around 20:22.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (C);

1. Reporting a traffic accident, reporting on the occurrence of a traffic accident, taking notes of the accident, and taking photographs of the accident scene;

1. Notification of the results of crackdown on driving of alcohol, report on the circumstances of a driver driving, and inquiry of the results of crackdown on driving of alcohol (in-depth records No. 21 of the investigation records) (the records of violation of Article 148-2 (1) 1 of the Road Traffic Act);

1. Application of replys to inquiries, such as criminal history, investigation reports (formers and attachment of such judgments) and statutes;

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

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 under Article 62-2 of the Social Service Order Act is that the defendant had a record of being punished for drinking alcohol driving multiple times, the fact that the accident was prevented, and that there was a record of being sentenced to suspended sentence due to drinking driving in the past.

On the other hand, the most recently punished date and time of the crime was about four years and four months from the date of the crime in this case, and between them, there was no crackdown on traffic crimes, and it was sentenced about ten years prior to the suspension of execution.