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] On August 8, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), on October 1, 2008, the Defendant was sentenced to a summary order of KRW 3 million for the same crime from the vice branch of the Incheon District Court on October 1, 2008, and on January 21, 2010, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court’s Incheon District Court’s Incheon District Court’s Vice Branch, and was sentenced to a suspended sentence of 2 years for a year of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court’s Incheon District Court’s Vice Branch on October 7, 2014.

[2] On March 16, 2018, the Defendant, while under the influence of alcohol at around 22:20%, driven a motor vehicle under the influence of alcohol at around 0.161%, even though he/she was punished twice or more for a violation of the Road Traffic Act (driving alcohol) by driving the CM7 motor vehicle on a section of about 500 meters from the front day of a mutual influence house located in the Dong in the Dong of Kimpo-si in the north-si, Kimpo-si to the road in front of the “ Hanpo-si” located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the driver's license, and a report on the situation of driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances and the reasons for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, community service order, community service order, and order to attend a lecture, alcohol density during blood, driving distance, the age, occupation, sex, family relation, living environment, circumstances leading to the crime, and the circumstances after the crime, etc.

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant, as stated in its reasoning, has already been punished several times due to drinking driving, but is not familiar with it.