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 December 18, 2006, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law (drinking) in the Young-gu District Court Young-gu District Court Young-gu District Court Young-gu branch on December 18, 2006. On August 19, 2009, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court, and on December 29, 2010, to a suspended sentence of eight months for the same crime, etc.

On April 28, 2018, at around 19:50, the Defendant, via a road front of the E convenience store located D from the road in front of the Defendant’s dwelling in Yong-gu, Chungcheongnam-gun, Chungcheongnam-do, the Defendant once again driven a math car at approximately 600 meters section from the road front of the Defendant’s dwelling place to the road front of the Defendant’s dwelling place, while under the influence of alcohol content of 0.186%.

Summary of Evidence

1. Statement by the defendant in court;

1. G Police Statements;

1. Each report on investigation;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, and an inquiry into the vehicle;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the latest report on confirmation of the same kind of force);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, sex, motive, means and consequence of the crime, and the circumstances after the crime. The execution of the sentence shall be suspended on the condition that protection observation, community service order, and lecture order are faithfully observed.

The circumstances disadvantageous to the defendant: the defendant had a record of being punished six times due to drinking, and the three times among them was suspended of execution, but again led to the crime of this case, the defendant's driving level at the time of driving is high, and there was a risk of collision with other vehicles: the defendant.