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 May 24, 2013, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court's Netcheon Branch on May 24, 2013, and a summary order of 1.5 million won or more as a crime of violating the Road Traffic Act (drinking driving) in the same court on December 9, 2016, respectively.

On November 16, 2017, while under the influence of alcohol content of 0.183% in blood around 20:06, the Defendant driven a C-wing vehicle from around 1km to the front road of the “fat-down restaurant” located in 19-1, the Gumdong-dong-dong-ro 19-1 in the Gumdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro 76 in the same Gun-ro.

As a result, the Defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of two copies of inquiries, such as criminal history, and copies of summary order;

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 punishment as ordered is determined by comprehensively taking into account the following circumstances: (a) the fact that there are many criminal records of the same kind of sentencing for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the blood alcohol concentration is high; (c) the Defendant reflects the Defendant; (d) the Defendant has no criminal records of imprisonment without prison labor or any heavier punishment; and (e) the Defendant’s age, sex, criminal conduct, family relationship, environment, details and result of the crime; and (e)