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

On March 15, 2007, the Defendant was sentenced to a fine of 700,000 won for a crime of violating road traffic law at the Jeonju District Court on March 15, 2007, and a fine of 2 million won for the same crime at the Daejeon District Court on November 22, 2010.

On December 26, 2016, the Defendant driven a Brocketing-free vehicle under the influence of alcohol content 0.069% in blood, from the front of the restaurant, where it is impossible to identify the trade name in the Jung-gu, Daejeon, Daejeon to the front of the restaurant to the front of the Jinsan-gun, the Jinsan-gun, the Jinsan-gun, the Jinsan-gun, the Jinsan-gun, the Jinsan-gun, the Jinsan-gun, the Jinsan-gun, the front of which is about 133 meters.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

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

1. An accident scene photograph;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (Attachment to a summary order attached to the same type of crime), and application of Acts and subordinate statutes after inquiry;

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 Act on the Suspension of Execution [the fact that the defendant is dead and reflects on the crime of this case, and that alcohol concentration in the blood of the defendant is not high, etc., are favorable to the defendant, three times the criminal records of the defendant having been punished for the same crime, and the risk of repeated driving of drinking are heavy in consideration of the risk of repeated driving of drinking;

It can be seen that the current Road Traffic Act stipulates that the prohibition of drinking driving should be punished more strictly in the case of persons who violate the provision on the prohibition of drinking more than twice, and that there are many kinds of records of punishment (Suspension of execution and fine) for the same crime and the second crime, etc. that are disadvantageous to the defendant, and the age, sex, etc. of the defendant is committed.