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] On December 7, 2007, the Defendant received a summary order of KRW 700,000 from the Seoul Northern District Court to a fine of KRW 700,000 as a crime of violation of road traffic law, and on December 7, 2016, the Defendant was sentenced to a fine of KRW 500,000 due to a violation of road traffic law at a common military court of the 36th Military Court of the Army (driving).

[Criminal facts] On September 10, 2017, the Defendant driven CK5 cars from the front parking lot of the Tae White Machinery Industry High School located in Thai-si, Taesung-si, Taesung-si, to the front road of the Yancheon-gun, Gyeongpo-gun, Chungcheongnam-gun, Gyeongpo-do, in the influence of alcohol level of around 0.217, while under the influence of alcohol level of around 17:50 on Sep. 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgments of the same kind as the suspect);

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include unfavorable circumstances such as the fact that the defendant had been punished twice for the same kind of crime, the defendant recognized the crime of this case, the fact that his mistake has been divided, the circumstances that there is no record of punishment exceeding the fine, and other favorable circumstances such as the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, and the circumstances before and after the crime of this case shall be determined as ordered by taking full account of all the conditions of sentencing recorded in the records of this case.