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 January 14, 2011, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (drinking driving), and a fine of 3 million won for a violation of the Road Traffic Act at the Seoul Northern District Court on December 12, 2013, and the above summary order became final and conclusive around that time.

On November 21, 2017, the Defendant driven the E-5 vehicle volume in the state of alcohol alcohol of about 100 meters alcohol concentration 0.225% (blood collection) from the 100m section from the 02:03rd day to the D in the front of the Do government city around 01:50, the Defendant driven the E-5 vehicle volume in the state of alcohol.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

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

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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: (a) the Defendant’s previous convictions of drinking alcohol and his refusal to measure drinking, and (b) the Defendant’s previous convictions of the suspension of execution are five times; (c) the Defendant’s previous convictions against the instant crime; and (d) the Defendant’s previous convictions of the suspension of execution are relatively old and old.