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 March 3, 2009, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of road traffic law in the Seo-gu District Court Branch of the Daegu District Court, and on July 25, 201, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of road traffic law (driving) in the same court.

[2] On December 18, 2017, the Defendant driven a BES900 car from approximately 50 meters away from the front Do in front of the Gasan commercial store located in the Gyeongsan-dong in the Gyeongsan-si in the Gyeongsan-si in the Gyeongsan-si, Chungcheongnam-do to the front of the Gyeongnam-si in the same city, while under the influence of alcohol leveling to 0.105% of the alcohol level during blood transfusion around 22:05.

Accordingly, even though the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving and inquiry about the results of regulating drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had had the record of criminal punishment for the same kind of crime over several occasions, has committed the crime of this case, drinking level is relatively high, and the defendant is against the time of the crime of this case, and there is no record of the crime exceeding the fine, and other circumstances shown in the argument of this case are considered.