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 July 24, 2008, the Defendant received a summary order of 1.5 million won or more for a violation of road traffic laws (drinking driving), and on October 7, 2010, the Defendant received a summary order of 3 million won or more for a violation of road traffic laws in the same court. On September 19, 2014, the same court received a summary order of 6 million won or more for a violation of road traffic laws (drinking driving).

[2] On May 4, 2017, at around 22:51, the Defendant driven a BM5 car under the influence of alcohol content of 0.088% in a section of about 20km from around 88 meters to the roads in front of the Gu, Cheongju-si, Cheongju-si, Cheongju-si.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history, etc. as the suspect);

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

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

1. In light of the favorable circumstances, such as the observation of protection, community service order and education order under Article 62-2 of the Criminal Act, the fact that the person was subject to a special amnesty later, including the same criminal record for the reason of sentencing, and the fact that the person was sentenced to a three-year suspended sentence on November 24, 2015 due to the crime of driving without a license on November 24, 2015 and was sentenced to a three-year suspended sentence, it is against the disadvantage of the person who committed the crime of driving under this case, and is suffering from pulmonary disease, and there is no record of punishment exceeding the fine due to the crime of driving under the influence of alcohol, and other favorable conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence.