A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On November 21, 2008, the Defendant was issued a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on November 21, 2008, and a fine of two million won for the same crime in the Gyeyang Branch of the Suwon District Court on October 7, 201, and a fine of seven million won for the same crime in the same support on February 29, 201.

On March 20, 2014, at around 23:09, the Defendant driven B QM5 car to the front day of the Simcheon-dong, Macheon-dong, Macheon-dong, Seoul, while under the influence of alcohol by 0.192% of blood alcohol concentration.

As such, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of Acts and subordinate statutes to written appraisal of blood alcohol concentration;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include four times the Defendant, who was punished for drunk driving for the last ten years, and in 2012, the Defendant was issued a summary order of KRW 7 million due to drunk driving by a person who committed a violation at least twice the regulations on prohibition of drunk driving on at least two occasions. However, the Defendant was engaged in the instant drinking driving in order to take the wife aboard under the high drinking water level, and the nature of the crime is bad.

However, it shall be considered in light of the favorable circumstances such as the fact that the defendant has no criminal record or heavier than the suspension of execution, the confession of the crime, the fact that the defendant disposed of the passenger car in the judgment, and the fact that the defendant seems to support

In this regard, based on the sentencing precedents of the same case as the previous sentence of the prosecutor (two years of suspended sentence in one year) and the previous sentence of the prosecutor, various circumstances constituting the conditions of sentencing specified in the arguments and records of this case are considered comprehensively.