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

[criminal history] The Defendant is a person who was sentenced to a suspended sentence of 8 months in the same court on September 12, 2008 to a fine of 2 million won or more for a violation of road traffic laws at the Suwon Flag Flag method Board, on August 27, 2010, a fine of 5 million won or more due to the same crime in the same court on August 27, 2010, and on February 22, 2013, who was sentenced to a suspended sentence of 2 years or more in the same court on February 22, 2013,

[Specific facts constituting a crime] On September 25, 2016, the Defendant driven a B-cap vehicle under the influence of alcohol level of about 0.094% from the 50m section of alcohol level to the front road of the apartment complex from the 7th road in the Donnam-nam Eup, Chungcheongnam-gu, Chungcheongnam-do around 2016 to the 9rd road of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. The circumstantial report of the driver employed at the main place;

1. Records of judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 stay of execution (the fact that a mistake is recognized, and the circumstances, etc. of the instant driving);

1. Article 62-2 of the Criminal Act on the observation of protection;