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

[criminal history] The Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on September 7, 2015, and was sentenced to a fine of two million won for a crime of violating the Road Traffic Act. On December 6, 2016, the same court was sentenced to a fine of two million won for a crime of violating the Road Traffic Act.

[Criminal facts] On October 7, 2018, the Defendant driven a B hosting car at a section of about 2 km from the entrance of the branch office located at the Seocheon-si Line at the same dong with alcohol content of 0.235%, while under the influence of alcohol during blood around 23:17.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, was relatively recent in 2015 and two times before driving alcohol in 2016, and repeated driving of the instant drinking. At the time of the instant case, the alcohol content 0.235% was considerably high.

However, the punishment shall be determined in consideration of the violation of the crime of this case and the absence of the same criminal record exceeding the fine.