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

[Power of crime] The Defendant was issued a summary order of KRW 2 million due to a violation of road traffic law (divated driving) in the support of the Daegu District Court on September 9, 2011 and was established on the 23th of the same month.

[Criminal facts] On October 30, 2015, the Defendant driven Bunstst-Pacific cargo from around 1.5 km to the front road of the Ansan-dong Educational Branch in the same city, where it is difficult to find out the trade name near the Kandong-dong, under the influence of alcohol level of 0.131% among the blood alcohol level around 21:20, the Defendant driven the Bunst-Pacific Cargo at approximately 1.5 km from the front road of the Kandong Educational Branch in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act include criminal records of the accused for protection and observation, the opportunity to protect the accused’s dignity while maintaining his/her livelihood only once, the period of punishment and suspension of execution shall be fixed in consideration of all the following circumstances. The favorable circumstances: (a) under which all the criminal facts are recognized and reflectd: The fact that the accused has been punished several times for the same kind of crime; (b) the degree of alcohol concentration in blood, driving distance, motive and background of the crime, occupation, age, and family relations are determined as ordered by the disposition.