A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] The Defendant is a person who has violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of 1.5 million won at the Seoul Central District Court on July 15, 201 by imprisonment with prison labor for a violation of road traffic law (driving), etc. for ten years, and a person who has been sentenced to a fine of 1.5 million won at the Seoul Central District Court on February 4, 2010.

[Criminal facts] On December 25, 2015, the Defendant driven B-ho car while under the influence of alcohol content of about 0.083% in a portion of about 500 meters from the front day of the “Seoul E-dong, Gwangju E-dong, Gwangju, to the calendar distance of about 63 o-dong, Dong-dong, 63, Dong-dong, the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A written report on the details of crackdown, the notification of the results of crackdown on drinking driving, the circumstantial report on the driver under driving, and the report on the situation of driving under driving;

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal records and investigation reports (former records and attachment reports).

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

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, had been punished several times by a fine, suspension of execution, etc. due to drinking driving, and in 2012, the Defendant was punished by a fine even though he/she was punished by a suspended sentence.

Nevertheless, the defendant had driven a drinking again without any reason, and the nature of the crime is not good.

However, for the last four years, considering the fact that there has been no violation of the law and the high volume of drinking in this case, and the fact that the result of the sentencing investigation shows the intention to stop drinking, the last opportunity for the defendant should be given.

In addition, in order to prevent recidivism, the protection should be observed for a period of three years, and the specialized medical institutions receive examination and treatment of alcohol, and periodically report this to the protection observation officer.