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 January 4, 2010, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on the same day; on November 14, 2011, the same court issued a summary order of KRW 3 million for the same crime; and on July 9, 201, the same court was sentenced to a suspended sentence of ten years for the same crime.

[2] On November 7, 2016, the Defendant driven B Poter cargo while under the influence of alcohol content of about 0.20% at the 1km section from the 1km section to the front of the convenience store of the Corporation located in the same side from the Doro 60-15 Do of the Mari-ri, Changwon-si, Changwon-si around 22:00 on November 7, 2016.

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. C’s statement;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on the result of confirmation of the previous conviction of the disposition);

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

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 include that the Defendant had already been sentenced to a suspended sentence of imprisonment by causing an accident while driving alcohol and resulting in injury to other persons, and that the Defendant committed a second offense without being aware of the past five times of punishment due to drinking alcohol driving.

The degree of alcohol is very serious.

However, the defendant reflects his wrongness in depth and does not repeat again in the future.

At this time, the accident did not lead to an accident.

Of the previous crimes, the number of vehicles within the last five years is only two. The previous vehicles are not owned any more by the vehicle.