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 April 24, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic law at the Daejeon District Court on October 7, 2010, and was sentenced to a fine of KRW 3 million for a violation of road traffic law at the Daejeon District Court on November 11, 201, and was sentenced to a suspended sentence of ten months for a violation of road traffic law at the Daejeon District Court on November 11, 2013.

Criminal facts

On August 19, 2017, the Defendant driven a motor vehicle in the state of alcohol alcohol content of approximately 0.115% from the 10km section from the 10km section of blood alcohol to the live-distance road located in the same Sindong-gu, Taedong-gu, Taedong-gu, Taedong-gu, Seoul Metropolitan City on August 19, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation report (the confirmation of criminal records of the same kind), three copies of the judgment, and application of Acts and subordinate statutes of one summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A sentence of imprisonment with prison labor shall be suspended, taking into account the following circumstances: (a) the period of imprisonment with prison labor is three times, including the probationary power, and three times the record of the crime of drinking alcohol driving, (b) a confession and reflects the fact that the accident was committed while driving a drinking, and (c) a decision of a sentence to the effect that the sentence was rendered four years prior to the final record of the crime of driving a drinking alcohol: (a) the period of imprisonment with prison labor is to be suspended, taking into account the defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.