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

On July 26, 2012, the Defendant was sentenced to a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on July 26, 2012. On October 12, 2012, the Defendant was sentenced to a suspended sentence of KRW 5,00,000 by imprisonment for a violation of the Road Traffic Act (drinking refusal) at the Seoul Southern District Court on October 12, 2012. On April 11, 2013, the Defendant was sentenced to a penalty of KRW 5,00,000 by a fine for a violation of the Road Traffic Act (drinking without a license) and a violation of the Road Traffic Act.

On February 5, 2017, at around 22:46, the Defendant driven Cchip car under the influence of alcohol content 0.289% at a distance of about 20 meters from the front of the Eunpyeong-gu Seoul Metropolitan Eunpyeong-gu “Pyeong Sea Bureau” in the location of the Eunpyeong-gu, Seoul, to the front of the Eunpyeong-gu, Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, summary order, report on the result of confirmation of the previous convictions in disposition, and text of judgment (No. 9, No. 10) shall be made;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 is that the defendant, as stated in the judgment of the court, was sentenced to the suspension of the execution of imprisonment, the suspension of the execution of a fine, the refusal of drinking alcohol measurement, etc., and driving again without any particular warning, and that the degree of the defendant's driving is very high is disadvantageous.

However, if the defendant reflects the crime of this case, the distance of the defendant's driving is short, and there are some circumstances to consider the motive of the defendant's driving, the defendant's living is responsible for his family's livelihood, and the defendant's wife is under cancer treatment, and the defendant's custody results in excessive difficulty to his family.