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] On August 1, 200, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving), etc. by the Incheon District Court, and on March 30, 2007, issued a summary order of KRW 2.5 million for the same crime from the Chungcheong District Court’s Chungcheong Branch. On April 12, 2010, the Defendant was issued a summary order of KRW 3 million for the same crime.

[Criminal facts] The Defendant is a person who drives a car in XG by borrowing BNEW owned by himself.

1. On May 20, 2017, the Defendant driven the said car at approximately 4 km section from May 20, 2017 to the street parking lot located in the middle-gu, Sungnam-gu, the other party of Sungnam-gu, the central road in the same Dong, in a state of alcohol concentration of 0.374%, while under the influence of alcohol during blood at around 1:14.

2. On May 21, 2017, the Defendant driven the said car at approximately 80km section to the front of the water cycle located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-si, with alcohol content of 0.140% while under the influence of alcohol during blood around May 21, 2017.

Accordingly, the defendant was punished as a crime of violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A survey report, a report processing case list, field photographs, etc.;

1. Statement report on the circumstances of driving at drinking, notification of the results of regulating drinking driving, and investigation report;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. A previous conviction: The results of inquiry, and the application of Acts and subordinate statutes reporting the previous convictions of each disposition;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Two years of imprisonment;

2. Determination - One year of imprisonment, and two years of suspended sentence, the defendant's ability to drive drinking over several times.