A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On February 18, 2008, the Defendant was sentenced to a fine of KRW 2,500,000, and a fine of KRW 1,000,00 in the Daejeon District Court’s Seosan Branch on April 1, 2009, respectively, in the case of a violation of Road Traffic Act (drinking).

On April 24, 2015, the Defendant driven C Poter truck under the influence of alcohol concentration of about 0.244% from the 1km section to the 1km road in front of the movable kindergarten located in the So-Eup, So-Eup, So-called So-called So-called So-Eup, So-called So-called Si, So-called So-called Si, Si-Eup.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who committed a crime of violating the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report prepared by the police;

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

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and an investigation report prepared by a court assistant to the prosecution (Attachment to the previous and summary order);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of a sentence of imprisonment;

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

3. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the said Act do not pose a risk of recidivism, such as driving under drinking, etc., even though he/she was sentenced to a fine twice due to drinking, as stated in its reasoning.

Provided, That the punishment as ordered shall be determined by taking into account the following circumstances, such as the fact that the defendant is living together with his/her depth of the crime, the fact that he/she has no previous conviction or more than a suspended sentence, the age, sex, environment, etc. of the defendant in the pleading of this case