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 19, 200, the Defendant was sentenced to a summary order of KRW 1.5 million in the Daejeon District Court for a crime of violating the Road Traffic Act (drinking driving), KRW 1.5 million in the same court on November 7, 2003, KRW 1.5 million in the same court on June 9, 2009 as a fine for the same crime, and KRW 1 million in the same court on October 15, 2009 as a fine for the same crime, and was sentenced to a suspended sentence of KRW 1 million in the same court on November 9, 2010.

On December 16, 2015, at around 19:50, the Defendant driven a cwing and freezing tower, under the influence of alcohol concentration of approximately 0.080% from the 10K section, from a place where it is impossible to find out the galle of Mari-ri, Geumsan-gun, Geumnam-gun, Geumnam-do to the road in front of the traffic of approximately 1535, Geumnam-do.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking alcohol, inquiry about the results of regulating driving of drinking alcohol, reports on detection of drivers of drinking alcohol, and reports on the circumstances of drivers of drinking alcohol;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the previous summary order) by statutes;

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. In light of the fact that the instant crime was committed despite the fact that a person was sentenced to a suspended sentence of imprisonment due to the crime of violating the Road Traffic Act on the grounds of sentencing under Article 62-2 of the Criminal Act, and that the instant crime was committed again, and that there are many criminal convictions due to drinking driving, etc., a strict punishment should be imposed.

However, considering the fact that the defendant seems to have repented and seriously reflected his mistake, there are family members to support, and other conditions of sentencing that are shown in the arguments of this case, such as the defendant's age, sexual behavior and environment.