A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

【Criminal Power】 On August 31, 2007, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court to a fine of KRW 1.5 million, a summary order of KRW 2.5 million from the Seoul Western District Court to a fine of violating the Road Traffic Act (driving) on January 4, 2008, and a summary order of KRW 3 million from the Seoul East Eastern District Court to a fine of KRW 2.5 million on March 27, 2009, respectively. On January 17, 2013, the Defendant was sentenced to a fine of KRW 5 million from the Seoul Western District Court as a crime of violating the Road Traffic Act (driving).

【Criminal Facts of Crimes】 On August 15, 2018, at around 02:40, the Defendant driven a DNA car in the state of alcohol with approximately 30 meters alcohol concentration of about 0.18% from the 30m section from the front of the studio village in front of the C Studio to the road in front of the C Studio.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol, even though he has violated the prohibition on driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. On-site and CCTV closure photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 Criminal Act on probation and community service order has already been punished four times or more, but the defendant also had the history of punishment for drinking, and it is necessary to select a sentence of imprisonment.

While considering the sentence of punishment for the defendant, the defendant was also trying to move through a substitute engineer to the place of the present site, and the substitute engineer did not find a destination in the studio village and returned to the defendant, while driving a vehicle in order to find the final destination.