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 February 12, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the resident support of the Daegu District Court on February 12, 2008, and was sentenced to a fine of KRW 5 million for the same crime from the Daegu District Court on July 16, 2009, and imprisonment with labor for the same crime on June 8, 2012 with labor for ten months.

Although the Defendant had been punished twice or more due to drinking driving, on July 30, 2017, 200:10, the Defendant driven B-do motor vehicle under the influence of alcohol level of about 0.094% in a 1km section from the front of the port-dong restaurant located in the Dong of the Gu-U.S., Si to the front of the restaurant at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the provision of community service order, has a record of committing a crime committed several times due to drinking driving, and in particular, the Defendant was sentenced to a sentence in around 2012. In light of the behavior during which drinking has repeated driving of alcohol, the Defendant lacks compliance awareness.

It is inevitable to see.

In light of this, there seems to be a need to punish the defendant strictly.

However, the execution of a sentence shall be suspended only once, taking into account all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant reflects the defendant's mistake, drinking volume, the age, sexual conduct, environment, and the circumstances after the crime. However, in order to encourage the eradication of drinking driving, the period of suspension of execution shall be three years, and the community service order corresponding to the defendant's crime shall be added.