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.

Criminal facts

[criminal power] On July 17, 2008, the Defendant was issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court. On November 5, 2008, the Defendant was issued a summary order of KRW 2 million with the same crime in the same court.

【Criminal Facts】

On 14:42 on 20.20. 20. 20. 20. 14:42, the Defendant driven a car in FNAscoo-coo, under the influence of alcohol content of about 0.159% from the 4km section from the front of the C cafeteria located in Chungcheong City B to the front of the E-ray located in D of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the results of the regulation of drinking driving (A), report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. A report on internal investigation:

1. Making a report on the control of drinking driving;

1. Photographs of a motor vehicle driving on drinking;

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

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; hereinafter “former Road Traffic Act”); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act is the crime that may cause serious harm to the life and body of the driver as well as the driver himself/herself.

However, in 2008, the Defendant was punished by a fine on two occasions due to drinking driving, but he was engaged in drinking after drinking.

At the time, the level of the defendant's exploitation is not many.

Considering this point, the nature of the crime is not good.

However, the defendant shows an attitude to recognize and reflect his mistake.

No criminal defendant shall be punished by imprisonment with prison labor.

In addition, the sentencing conditions that are shown in the records, such as the age, character and behavior and environment of the accused.