A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 6, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on May 6, 2008, and on February 29, 2012, the Defendant was issued a summary order of a fine of four million won or more for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court on February 29, 2012, and had been in violation of Article 44(1) of the Road Traffic Act at least twice. However, around March 17:30, 2018, the Defendant driven a cub car at C under the influence of alcohol concentration of about 10 meters from the front day of the Gangseo-ro 32-lane fishery located in Yeongdeungpo-ro Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, to 32-lane 7,000,000 in the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 under Article 62-2 of the Criminal Act, including the fact that a large number of people are regulated due to drinking or unlicensed driving, and the fact that drinking values are very high is disadvantageous to the defendant.

However, there are favorable circumstances such as the fact that there is no history of punishment heavier than the suspension of execution, the fact that there is no certain occupation, and the fact that social ties can be verified.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but subject to community service and compliance driving lectures.

It is so decided as per Disposition for the above reasons.