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] Violation of the Road Traffic Act (Drinking in 2009): A fine of 2 million won for a violation of the Road Traffic Act (Drinking in 2010): a fine of 3.5 million won / [criminal fact] The Defendant driven B Poter in the section of about 5 km from the Do in front of the Rabn-dong in Kimhae-si, Kimhae-si, about 02:55 on October 03, 2017, while under the influence of alcohol level of 0.148%, while he was under the influence of alcohol level of 0.148%.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Responses to appraisal;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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

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

1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for a term of suspension of execution of one year, two years, 40 hours in course, community service, and grounds for an increase of 80 hours: High blood alcohol concentration and total amount of six times before the previous and previous convictions (in the case of the previous judgment, three times of driving without one driver's license), etc.: Confession, dependants (two children, etc.), etc.;