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

On November 26, 2007, the Defendant has a record of driving alcohol at least twice, such as receiving a summary order of 2.5 million won by a fine for a crime of violating the Road Traffic Act, a summary order of 2.5 million won by the same court on December 1, 201, a summary order of 2.5 million won by a fine for the same crime in the same court on December 1, 201, and a summary order of 5.5 million won by the same court on November 18, 2013, respectively.

Nevertheless, on April 17, 2017, the Defendant driven a 1km DWz car at around 397 east Dong-ro, Dong-dong, Dong-dong, Dong-dong, under the influence of alcohol content of 0.195% among blood transfusion around 16:40 on April 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Notice of the result of crackdown on driving drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and written summary order, to the fourth statute;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures was committed under the condition that he had the ability to punish more time than before the judgment.

In other words, the Defendant's drinking driving crime has been committed once every five times, and it cannot be punished as a minor fine any more.

In addition, the defendant's blood alcohol concentration at the time of the crime of this case is 0.195% and it cannot be punished strictly by itself.

However, the defendant is now seriously against his or her will not drive drinking in the future, and it is strongly expressed that he or she will not drive drinking.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.