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

【The Defendant was issued a summary order of KRW 2 million on April 15, 2008, to a fine of KRW 1.5 million on the ground of a violation of Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on April 15, 2008, and a summary order of KRW 1.5 million on January 29, 2010 as a fine for the same crime from the Incheon District Court Branch of the Incheon District Court

【Criminal fact-finding on August 25, 2018, the Defendant operated B Podson car with alcohol content of about 0.13% 0.13% under the influence of alcohol at a distance of about 1k from the 1km to the front day of the Domsan, which is located in the Geum-ri-dong, Geumju-si, Geumju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been punished twice by a fine due to drinking, but driving again under the influence of alcohol.

On the other hand, the defendant is against the wrong recognition, and again, the defendant is not driving under the influence of alcohol, and he was only driving under the influence of alcohol without any particular damage.

The sentence is to be determined as ordered by considering all factors of sentencing as shown in the arguments in the instant case, such as the course and distance of drinking driving, the age, sex, environment, family relationship, etc. of the Defendant.