A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 13, 2008, the Defendant issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (drinking driving), and on June 1, 2015, the same court issued a fine of KRW 4 million as a crime of violation of the Road Traffic Act (drinking driving) at a district court of the Jung-gu on May 13, 2008.

On July 17, 2018, around 21:57, the Defendant driven a Cme car while under the influence of alcohol content of about 0.101% from the section of approximately 1.5km from the road near the “ hotel bet” in the Geum-do, Seo-do, Nam-do, Seoyang-do, Nam-do to the road outside the same city to the Hannam-ro, 1531.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Inquiries about the results of crackdown on drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order and the defendant has been punished several times due to drinking driving even before.

Nevertheless, the driver was driving under the influence of 0.101% of alcohol concentration in the blood of the second blood, and the driver was trying to conceal the fact of driving under the influence of alcohol due to the change of the driver and the seat at the point of the drinking control.

The possibility of criticism against the defendant is high.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.