A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 29, 2007, the Defendant was sentenced to a summary order of a fine of two million won for the crime of violating the Road Traffic Act in the Daegu District Court's Ansan-dong branch on November 29, 2007, and on September 23, 2008, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

On August 12, 2015, at around 05:13, the Defendant driven a C-wing truck from approximately 150 meters away from a restaurant on the mutual influent side to the front day of the same fluence, while under the influence of alcohol with a blood alcohol content of 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries into the results of the control of drinking driving, the report on the state of drinking drivers, and the next inquiry;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act, including probation, community service, or order to attend a lecture, is the same as the offender's drinking driving again, even though the Defendant was punished several times, such as a fine or suspended execution, due to drinking driving.

However, after 2008, there is no violation, the mistake is seriously reflected, and the defendant's own will to improve drinking driving habits is clear as a result of the investigation before the judgment, and the last place of suspended execution is to be taken in consideration.

In addition, probation, community service, or order to attend a lecture is imposed to supervise drinking driving and driving of vehicles in the future, and the defendant needs to receive reports and instructions from probation officers in order to operate vehicles again.

(A) Although the Defendant currently disposed of C vehicle, he would dispose of the said vehicle even at the time of receiving the suspended sentence in 2008, and again drive the same vehicle in this case).