A defendant shall be punished by imprisonment for a term of one year and three months.

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

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws at the Chuncheon District Court on March 29, 2012, and was sentenced to two years of suspended execution for six months of imprisonment with prison labor for a violation of road traffic laws (driving under drinking), etc. at the same court on March 13, 2009.

[ criminal facts] On October 11, 2016, the Defendant driven Bunst motor vehicle under the influence of alcohol level of about 0.186% in a section of about 1 km from the front side of the Ilsung apartment in Chuncheon-si to the front side of the postal golf course in Chuncheon-si, Macheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of violation of Article 44 (1) of the Road Traffic Act);

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the previous conviction in the judgment, are the factors for sentencing unfavorable to the Defendant, such as the following: (a) the Defendant was well aware of the fact that he had been punished five times due to drinking; (b) the Defendant was driving a motor vehicle in the state of drinking alcohol concentration of 0.186% due to drinking; and (c) the Defendant’s distance when driving the instant drinking alcohol reaches 1km.

On the other hand, the defendant's mistake and reflect, and the defendant does not repeat the same crime on October 26, 2016.

There are extenuating circumstances such as the fact that the defendant supports the father of old-age who is receiving treatment due to diseases such as chronic high blood pressure and urology, etc.

otherwise, the age of the defendant;