A defendant shall be punished by imprisonment for one year.

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

On July 5, 2013, the Defendant was punished on 6 months by imprisonment with labor for a violation of the Road Traffic Act (drinking driving), and on March 22, 201, by a same court, on 6 months of imprisonment with labor for a violation of the Road Traffic Act (drinking driving), and on 4 occasions of a violation of the Road Traffic Act (drinking driving).

On April 28, 2017, at around 720, the Defendant driven a bben E300 vehicle under the influence of alcohol content of about 0.111% in blood at a section of approximately 200 meters in front of the Dong-dong community service center located in the same city-du-ro 97 at a public parking lot located in the same city-du-si 720 meters.

As a result, the Defendant was under the influence of alcohol and was punished more than twice, and was under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (Attachment of a judgment) and a report on investigation (Attachment of personal confinement status);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the community service order and the order to attend lectures was already punished several times as before the judgment, but in particular, the defendant was sentenced to a suspended sentence of imprisonment due to drinking driving, etc. and was sentenced to imprisonment for six months again.

It is inevitable to strictly punish a person in accordance with the purpose of the Road Traffic Act.

Provided, That the punishment shall be determined as ordered in consideration of the fact that the accused is divided, and the age, sex, environment, etc. of the accused.