A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 26, 2013, the Defendant was issued a summary order of KRW 4 million by Seoul Southern District Court for a crime of violation of the Road Traffic Act, and KRW 6 million by a fine at the Seoul Southern District Court on June 27, 2014 for a crime of violation of the Road Traffic Act.

On September 10, 2016, the Defendant driven a B-wing vehicle from around 2 km to the 2km of Yangcheon-gu Seoul, New Month, New Technology, 207-24, and New Technology, while under the influence of alcohol by 0.164% of blood alcohol concentration on September 23, 2016.

Accordingly, the Defendant once driven a motor vehicle under the influence of alcohol even though he was punished twice or more due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant has a majority of criminal records of the same crime including those punished five times only for drunk driving by repeatedly driving drinking and driving without a license from around 1998.

The blood alcohol concentration is relatively high.

However, since 198, there is no previous conviction exceeding a fine, and there is no loss of human life or property due to the crime of this case, and the defendant is a person with a disability of class 2 in the form of brain-disease, etc., the punishment as ordered shall be determined in consideration of all the circumstances.