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 October 5, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of road traffic law (drinking driving) at the Daejeon District Court, and was sentenced to a fine of 1.5 million won on July 15, 2010 by the same court for the same crime and a suspended sentence of 2 years.

[2] On October 3, 2016, Defendant 1, who violated the provision on the prohibition of drinking under Article 44(1) of the Road Traffic Act two or more occasions, drive a motor vehicle of 20% of alcohol in the direction of approximately 3 km-ro, Bocheon-si, Chungcheongnam-gun, Hongcheon-gun, U.S., under the influence of alcohol at approximately 0.281% of alcohol concentration in the direction of approximately 3km-ro, Bocheon-si, Bocheon-si, Gyeongcheon-do, to the front road of 615 housing.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and statement of the situation of the driver who takes driving;

1. Previous conviction: References to inquiries, application of investigation reports (Evidence No. 11)-related Acts and subordinate statutes;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances:

There is a record of being punished several times for the same crime that the crime of this case was committed.