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

On February 26, 2010, the Defendant issued a summary order of KRW 2 million to a fine for a violation of road traffic laws at the Ulsan District Court on February 26, 201, and on December 4, 2012, the Defendant issued a summary order of KRW 5 million to a fine for a violation of road traffic laws at the Busan District Court.

On April 24, 2017, while under the influence of alcohol 0.095% among blood transfusions, the Defendant driven B low-speed car at the section of about 400 meters in the front and front of the B, from the Vietnam Hospital located in the Busan Northern-dong, to the dong located in the same Dong and located in the same region.

Accordingly, the Defendant once driven a motor vehicle under the influence of alcohol again as a person who has violated the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of criminal history, etc.);

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Although there was a past record of punishment seven times including the sentence of punishment due to the crime of violating the Road Traffic Act for the reason of sentencing under Article 62-2 of the Criminal Act of community service and lecture attendance order, the repetition of the crime of this case is disadvantageous to the defendant.

On the other hand, the fact that the crime of this case is recognized and reflected, there is a family member to support, and the social relationship is clear, and the time interval between the final driving power of drinking and the crime of this case is considerable is favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.