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.

Criminal facts

On May 20, 2010, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law (drinking driving) in the Daegu District Court’s support on May 20, 2010, and on November 6, 2014, the Defendant was sentenced to a fine of 3.5 million won for the same crime in the same court, and was punished for driving drinking two times or more.

On February 21, 2017, at around 14:40, the Defendant driven a e-mail car under the influence of alcohol leveling of about 0.255% in the 10km section from the Defendant’s pro-dong D’s house in C, which is located in the same dong-ri, Dong-ri, that was located in the same dong-ri, Dong-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same criminal suspect's records ( twice drinking twice)) by statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant recognizes his/her mistake and reflects his/her mistake, and again does not drive drinking.

There are many things.

There is no criminal history exceeding a fine for the accused.

Unfavorable circumstances: The defendant had had the record of being sentenced to two times of fine due to the same criminal record as the ruling, and again committed the crime of this case.

The alcohol concentration at the time of the instant case is very high to 0.25% and the liability for the crime is heavy (the alcohol concentration at the time of the instant judgment 0.100% in both the previous and the previous judgment 2 times exceeds 0.10% in the blood). In addition, considering the Defendant’s age, sexual behavior, environment, family relationship, health status, motive and consequence of the crime, and the sentencing conditions specified in the oral arguments, such as the circumstances after the crime, etc., the sentence shall be determined as ordered.