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 March 5, 2012, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act in the support for the development of a water source method and a water source, and on October 16, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act.

On August 20, 2017, around 01:48, the Defendant driven a DNA halog car with approximately 0.115% alcohol concentration in the 80-meter section from the roads near the Suwon-si, Suwon-si, Suwon-si, Seoul-ro, 2066, under the influence of alcohol at approximately 4.25% from the roads front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City, to the roads front of the Suwon-si, Suwon-si, Suwon-si.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (verification of criminal records of the same kind);

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 (amended by Act No. 1014, Mar. 1, 201);

1. The crime of this case on the grounds of protection and observation and sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the defendant driven a motor vehicle while under the influence of alcohol at 0.115% due to drinking, and the quality of such crime is not good, the defendant's blood alcohol concentration is relatively high, and the defendant has been punished three times due to the same traffic crime (one juvenile protection case, one time a fine, one time a suspended sentence), and in particular, the crime of violating the Road Traffic Act (driving) on October 16, 2015, which was sentenced to a suspended sentence of two years due to a crime of violating the Road Traffic Act (driving) on one-year imprisonment with prison labor for a violation of the Road Traffic Act on condition that the defendant was under suspended sentence (Provided, That the crime of this case is under suspended sentence).