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 November 26, 2007, the Defendant issued a summary order of KRW 1,50,000 for a fine for a violation of the Road Traffic Act at the Jung-gu District Court on the same day on April 30, 2012, a summary order of KRW 5 million for the same crime at the Incheon District Court on the same day on April 30, 201, and a summary order of KRW 8 million for a violation of the Road Traffic Act at the Jung-gu District Court on March 16, 2015.

On June 4, 2017, the Defendant driven BM5 vehicle under the influence of alcohol content of 0.238% while under the influence of alcohol without a vehicle driver’s license at a section of about 3 kilometers of approximately 16-lane 16,000 in the same luminous red reservoir located in Yan Eup at Yangju-si, Yangju-si.

As a result, although the Defendant violated the prohibition on drinking at least twice, he was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The following facts are considered: (a) protection and observation; (b) the level of alcohol content was higher than 0.238% in blood for the reason of sentencing under Article 62-2 of the Criminal Act; (c) the level of traffic accident due to the instant drinking operation without being limited to the mere driving of drinking; and (d) the Defendant has three-time driving of drinking; (c) one-time driving of drinking; and (d) one-time driving of drinking to cause a traffic accident; and (d) the person has been a criminal record who has escaped after the occurrence of the traffic accident due