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 December 28, 2006, the Defendant issued a summary order of a fine of one million won for a violation of road traffic law in the Incheon District Court's Busan District Court's branch branch on December 28, 2006, a summary order of a fine of two million won for a violation of road traffic law in the Jungyang Branch's High Court's High Court's order on March 30, 201, and on May 15, 201, the Defendant was sentenced to a summary order of two million won for a violation of road traffic law.

On August 1, 2017, under the influence of alcohol level of 0.134% from around 05:51, the Defendant driven a vehicle for the use of I BMW at approximately 10.3 km from around 26.6 km to 16.6 km in the middle-ro of Dobong-gu in the same city where he was under the influence of alcohol level of 0.134%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and on-site photographs;

1. Application of an inquiry letter, such as criminal history, and a copy of the judgment;

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 consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has been punished several times for the same crime, and the defendant has already been punished by imprisonment with prison labor with prison labor for the suspension of execution. The defendant has set aside a part of the road in operation due to the influence of drinking, and was highly likely to cause large traffic accidents. The favorable circumstances - the defendant recognized all the criminal facts. - When the records of punishment for the same crime were once every one year in 2006, 2011, and 2013, each of the above circumstances, the period of the crime is not close at the time. The sentence is ordered in consideration of all the sentencing conditions revealed in the trial process.