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

On September 27, 2010, the Defendant was sentenced to a summary order of a fine of 2.5 million won for a violation of the Road Traffic Act, and on January 4, 2013, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act in the same court on September 27, 2010, and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act on more than two occasions.

Nevertheless, around 16:15 on August 6, 2016, the Defendant driven a BOstun car with approximately 1 Km alcohol concentration 0.146% under the influence of alcohol at a section of about 1 Km from the front of a restaurant in the ambal-si, Yasan-si to the front of the new entertainment distance in the same city.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle under the influence of alcohol not less than twice and was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of three separate Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The defendant, who has been punished several times due to the drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, is a person driving without a license for drinking alcohol. In particular, drinking driving is a large-scale accident by driving under the condition that his/her ability to exercise caution and physical exercise has been significantly deteriorated, and thus, is highly likely to cause serious harm to other unspecified persons. However, although there are circumstances unfavorable to the defendant, considering the fact that the defendant's mistake is recognized and reflects his/her mistake, and all other circumstances surrounding the sentencing conditions, such as the defendant's age, character, conduct and environment, the punishment shall be determined as ordered.