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

[criminal history] On August 21, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (drinking) at the Port Support of the Daegu District Court on August 21, 2014. On October 8, 2015, the Defendant was sentenced to a fine of 10 million won for a crime of violating the Road Traffic Act (dacting driving) in the same court.

[2] On March 10, 2018, the Defendant driven a C low-priced car at approximately 3km from the front side of the port bus terminal in the south-gu, Mapo-gu, Mapo-gu to the front side of the port of port, in the state of alcohol level of 0.160% in alcohol level among blood transfusion around 00:15, and at the port of port, from the front side of the port bus terminal in the south-gu, Mapo-gu, Mapo-gu, Seoul.

Accordingly, the defendant, who violated the prohibition of 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. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate 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 reasons for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order include the defendant's history of being punished several times for the same crime, driving under drinking again despite the detention record, and taking into account the unfavorable circumstances that drinking level is high: Provided, That considering the favorable circumstances where the defendant is against the defendant, disposes of the owned vehicle, treatment of alcohol, etc., the defendant's age, sex, career, environment, circumstance and result of the crime, etc., and all of the sentencing conditions shown in the records and arguments after the crime are considered, the sentence like the order shall be sentenced in consideration of the following factors.