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

【The Defendant received a summary order of KRW 4 million from the Seoul Northern District Court on March 26, 2014 due to a violation of road traffic laws (drinking), and a fine of KRW 5 million from the Seoul Northern District Court on February 24, 2015.

【Criminal facts” around 16:40 on May 27, 2018, around the same day from 16:50 on the same day, the Defendant driven a B-hand car while under the influence of alcohol content of about 0.180% at the section of approximately 2.38km to the road located in the 223km.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A report on the detection of a primary driver;

1. A written appraisal of alcohol during blood;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education even though the Defendant had been punished twice due to drinking driving, the Defendant was driving of the instant drinking, and the alcohol concentration in blood was in a state that meets the criteria for revocation of a driver’s license, and even if considering the regulatory background, it is dangerous at the time of driving in light of the fact that the Defendant was diving on the road in the signal atmosphere and crackdowns by reporting by other people.

Therefore, a suspended sentence shall be imposed, taking into account the circumstances such as: (a) the choice of imprisonment is to be chosen; (b) a separate traffic accident is not accompanied by the driving of the drinking in this case; (c) the defendant repents and reflects his mistake; and (d) the defendant has no record of having been sentenced to a suspended sentence or heavier punishment