A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On March 7, 2008, the Defendant was punished four times as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on March 7, 2008, and was punished five times as a crime of violating the Road Traffic Act (drinking driving), such as receiving a summary order of a fine of three million won from the Gangnam Branch Branch of the Chuncheon District Court on March 8, 2017.

[2] On September 24, 2017, the Defendant driven a mast car under the influence of alcohol with approximately 0.083% of alcohol content among blood while under the influence of alcohol at approximately 4km from the 4km section from the front side of the Man-si in the city of Man-si to the front road of the Green Livestock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. The driver's license ledger;

1. Previous convictions: References to inquiries, application of investigation reports (report on confirmation of the same criminal suspect's records)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: A favorable circumstance such as the suspension of sentence of imprisonment due to the same kind of crime, the fact that there has been several punishments due to a fine: Confession, reflectivity, and the fact that the volume of drinking of this case is not relatively heavy, and that the sentence should not be followed later: A sentence such as the defendant's age, family relation, criminal history, etc.: Imprisonment with prison labor for a period of one year, suspension of execution, two years, order of protection observation, and order of community service or higher; and