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 October 7, 2011, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Chuncheon District Court on October 7, 201, and 2.5 million for the same crime at the same court on November 14, 2008.

On October 11, 2017, the Defendant driven two cargo vehicles of the E-witter while under the influence of alcohol content of about 0.181% in blood at approximately 500 meters from the Do in front of the Gangwon-gun C to the front road of D at approximately 500 meters.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act on the prohibition of drinking alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Report processing table, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and statement of the situation of the driver in charge;

1. Previous convictions in judgment: References to inquiries, investigation reports (the previous confirmation thereof), and application of the statutes of the judgment;

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 grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures were punished as a crime of violating the Road Traffic Act in 2008 and 2011 as stated in its reasoning. The Defendant committed the instant crime even though there are many records of punishment for the same kind and the same type of crime such as being punished as a crime of violating the Road Traffic Act in 2003 and 2009. The Defendant committed the instant crime even though there are many records of punishment for the same kind and the same crime. At the time of the instant crime, the alcohol concentration in blood is higher than 0.181%, and even at the time of the previous crime of the same kind, the alcohol concentration in blood was higher than 0.15%, which was higher than 0.15%.

However, the defendant recognized the crime of this case and did not drive the drinking alcohol.

The crime of this case shows the appearance that seems to be against the defendant, and the fact that the result of the crime of this case has not occurred any more severe result due to a simple drinking driving, etc. shall be considered as an element of sentencing favorable to the defendant, and the age and age of the defendant.