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, 2009, the Defendant was sentenced to a summary order of 2.5 million won by the Changwon District Court for a crime of violation of the Road Traffic Act. On May 3, 2011, the Defendant was sentenced to a suspended sentence of 2 years in August.

【Criminal Facts】

On June 6, 2016, the Defendant driven a chip car under the influence of alcohol content of about 0.159% from a 500-meter section around the 1910 Chill hotel to the same 7th road as the Gumbol in Daegu, Seogu, 2016.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: A criminal investigation report (report attached to the previous records and written judgments, etc.), and application of statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 three times the criminal records of punishment for drunk driving, and the two times among them, the suspension of the execution of imprisonment, community service, and lecture attendance order, etc. have been sentenced to a traffic accident, and the drinking alcohol concentration of the instant case has also been high.

At the time of the instant case, the traffic accident was caused by the other party's negligence, but the traffic accident occurred.

However, it appears that the defendant's wrong recognition and reflects, there has been no history of criminal punishment for the last five years, the defendant's age, character and conduct, environment, etc. shall be sentenced to a suspended sentence of imprisonment with prison labor, and probation and social service shall be ordered together.