A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] The Defendant has been in violation of the prohibition on driving under the Road Traffic Act on July 2, 2015, such as receiving a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1 million for a crime of violating the Road Traffic Act on March 1, 2017, in the support of drinking by the Suwon Flag Flag, the Defendant violated the prohibition on driving under the influence of alcohol at least twice.

[2] On October 8, 2018, the Defendant driven a FM3 vehicle under the influence of alcohol content 0.110% while under the influence of alcohol content 0.110% on the front road of “E” located in “C” in the inn city located in “E” in “E” in the inn city located in “E”.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a violation of traffic laws on roads;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (verification of persons subject to the application of drinking-free relationship);

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the instant crime again despite the fact that he/she had been punished for driving under drinking within a relatively short period of time, and thereby, is highly likely to repeat the crime.

In the event that the blood alcohol level was not lowered at the time of crackdown, it was caused to drive a drinking, because it was unable to feel any other alcohol even without lowering the alcohol level;

In view of the statements made by the investigative agency, it is predicted that the boundary judgment on the driving of ordinary drinking is not so significant.

Defendant would not repeat the crime in a profoundly reflect on the crime.

It is harding to do so.

The punishment shall be determined as per the order by taking into consideration all the circumstances, such as the defendant's age, sex, environment, family relationship, etc.