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 November 13, 2006, the Defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act at the Gwangju District Court of Gwangju, and on October 21, 2010, the Defendant was issued a summary order of 2.5 million won or more for a violation of the Road Traffic Act (drinking) at the Jeonju District Court’s Eup branch, and on November 26, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (drinking) and for a suspension of execution for two years.

[2] On March 1, 2018, the Defendant, while drunking around 03:0, the alcohol content of which is 0.097% in blood, driven a Crane car from around 6km to around 123 square meters in front of Dong-dong apartment located in Pyeongtaek-si 428-7 in Pyeongtaek-si mobile 428-7 in the same city.

Although the Defendant had been punished not less than twice due to drinking driving, the Defendant driven a car under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (in compliance with the summary order and attachment of the judgment attached thereto) Acts and subordinate statutes;

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 (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: The fact that there was a history of the suspension of the execution of imprisonment and the punishment of fines for the same kind of crime, the fact that the crime proceeds beyond the central line in the course of the crime and the occurrence of contact and the occurrence of contact: other favorable circumstances such as confession, reflectivity, and the occurrence of contact: The defendant's age, family relation, details of the crime, etc.: Imprisonment with prison labor for a period of one year, suspension of execution, two years, order of protection observation, and order of community service or higher.