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 July 16, 2013, the Defendant was sentenced to a summary order of a fine of eight million won due to a violation of road traffic law (driving), etc. at the Seo-gu District Court Branch Branch of the Daegu District Court on July 16, 2013, and on June 24, 2016, the Defendant was sentenced to imprisonment for eight months and two years of probation.

On October 7, 2017, the Defendant, while under the influence of alcohol 0.104% during blood transfusion around 05:44, driven a C-Korean car at approximately five meters from the 0.5m section of the C-Korean War, where the death of the North Korean port at the Gyeong-gu, North Korean port without obtaining a driver's license.

As a result, the Defendant had been punished more than twice as a crime of violating the Road Traffic Act, but once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the purification statement of the driver in charge, investigation report (report on the situation of the driver in charge of driving), and notification of the results of regulating the driving of drinking;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as investigation reports (verification of the same kind of past records) and inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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, such as the observation of protection, community service order and order to attend a lecture, has already been punished for a crime of violation of road traffic law, etc. five times or more, and the crime of this case was committed again during the period of suspension of execution of the same crime, and the drinking value is considerable, are the elements for sentencing disadvantageous to the defendant

On the other hand, the fact that the defendant is against the time of committing the instant crime, the driving distance is short of 5 meters, and the arrival of the proxy engineer is delayed due to the suspension of life, etc., which led to the instant crime, is an element of sentencing favorable to the defendant.

In addition, the age, sex, environment, and crime of the defendant.