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

Article 148-2 (1) 1 of the Road Traffic Act punishs those who violate Article 44 (1) of the same Act not less than twice (persons who drive motor vehicles, etc. not less than twice under the influence of alcohol) and drive motor vehicles, etc. under the influence of alcohol. Thus, it is clear that it is clear that the defendant's recognition of criminal facts by specifying the date and time of driving motor vehicles at least twice in the past while under the influence of alcohol does not pose no substantial disadvantage to the defendant's exercise of his/her right to defense, and therefore, it is recognized as criminal facts by arranging the facts charged

The Defendant, while under the influence of alcohol on October 31, 2008 and September 30, 2009, driven a motor vehicle and violated Article 44(1) of the Road Traffic Act not less than twice, and driven a M lele-rober vehicle from the street in the vicinity of the Seocho-gu Seoul Metropolitan Area to the echeon-si Central Road, while under the influence of alcohol at least 0.138% of alcohol level on April 5, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes accompanying a copy of summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The order of education and the order of community service, even though they had been subject to punishment twice for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, re-offending was conducted, and the blood alcohol concentration was high, the distance of operation was applied to one year, and more than five years from the date of the last crime, there was no record of punishment sentenced to imprisonment without prison labor or heavier, and it is against the law, and the execution of the sentence is suspended and sentenced as the order.