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

[criminal power] On October 22, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on October 22, 2009. On November 3, 2010, the Defendant was sentenced to imprisonment with prison labor for 10 months and a suspended sentence for 2 years for a violation of the Road Traffic Act at the Seoul Central District Court.

【Criminal Facts】

Although the Defendant had been punished twice or more for violating the Road Traffic Act as above, the Defendant driven a F Kan-kn-kn-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-k

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation reports, and statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the criminal records as indicated in the judgment, and the Defendant was punished three times after 2004 or more drinking driving. Of them, one time of traffic accident, resulting in the occurrence of a traffic accident, and the Defendant was subject to a prior measure of suspension of execution.

Nevertheless, the Defendant driving a vehicle without any reflector while drinking, and the crime of this case is not good, and it is difficult to view that the risk of recidivism by the Defendant is low.

The sentence of imprisonment is to be imposed once more in consideration of the fact that the crime of this case was committed after a considerable period of time from the last punishment, the fact that the defendant recognized his mistake and reflected, etc.

In addition, the blood alcohol concentration, the background of the drunk driving, the distance and place of the drunk driving, the age, character and conduct, environment, and the crime.