A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking) by the District Court of the Republic of Korea on December 18, 2014, and was sentenced to a fine of eight million won in the same court on June 5, 2014, and was sentenced to a total of four drinking records.

On September 23, 2017, the Defendant driven a car owned by the Defendant in the state of alcohol concentration of about 0.122% in the section of about 20km from around 13:30 to around 13:0 to around 1307 at the west-gu west-ro, Gyeonggi-gu, Gyeonggi-do, the B of Gyeonggi-do, Dial in the state of under the influence of alcohol concentration of about 0.122% in front of the entrance of the upper 1307 upstream-gun.

Summary of Evidence

1. Statements of the defendant in the court room and those of the third public trial protocol;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on investigation (to hear statements from the F phone of a witness - Whether to drink a suspect) and a report on recording recording;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving, and output of a drinking measuring instrument;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous rulings) and statutes;

1. Relevant legal provisions regarding criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding the selective sentencing of punishment, and the Defendant’s reason for sentencing of imprisonment with prison labor is four times in 2008, on which the Defendant was sentenced to punishment for drinking driving from 2008, and on which one occasion the Defendant was sentenced to suspended sentence.

Nevertheless, since the defendant repeats the driving of drinking, the defendant has to be sentenced to punishment.

Although there was no big damage, this accident was caused by the driving of this drinking, and the alcohol concentration in blood was high at the time.

Nevertheless, there is no attitude against the defendant.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other factors of sentencing specified in the arguments of this case are considered as the order.