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.

Criminal facts

【Criminal Records of Crimes】 On June 15, 2007, the Defendant was sentenced to a suspended sentence of two-months by the Ulsan District Court to a fine of four million won for a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving) at the Ulsan District Court on August 27, 2008, a violation of the Road Traffic Act (dacting driving), a violation of the Road Traffic Act (dacting driving) at the Ulsan District Court on August 27, 2008, and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

【On July 24, 2017, the Defendant, while drunking around 0.213% of alcohol content in blood around 20:15, driven Bho-do at the 4km section from the front of “the second tea market in Ulsan-gun, Ulsan-do, Ulsan-do, Ulsan-do, to the front of the same Eup/Myeonpo-ro 15-3 front road in the same Eup/Myeonpo-do.

Accordingly, the Defendant, who violated the prohibition on drinking at least 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. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of protection and observation, community service, and order to attend a lecture is high in alcohol concentration, driving distance is long, and the defendant was sentenced to a fine for the crime of violating the Road Traffic Act in 2005 as well as the criminal records in the judgment of the court. This falls under the "three-dimensional drinking" and at the same time, the defendant was sentenced to a suspended sentence of imprisonment with prison labor due to drinking driving, and the defendant was sentenced to a suspended sentence of imprisonment with prison labor for a traffic-related crime. Furthermore, the defendant has a history of being sentenced to imprisonment with prison labor for a traffic-related crime: Provided, That the defendant did not have any criminal history since 2008, and is against the law of traffic.