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 December 19, 2006, the Defendant operated D Poter II under the influence of alcohol concentration of approximately 100,000 won from a section of about 100 meters to a road in both sides of the Myeon Office located in Yangju-si to a road in front of C, while driving D Poter II under the influence of alcohol concentration of about 0.083% from a section of about 100 meters from a section of about 100 meters to a road in front of C, although the Defendant had a record of being sentenced to a summary order of KRW 2.5 million for the same crime in the same court on October 28, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and on-site photographs taken from the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Even though the defendant was punished by a fine for drinking driving in 2006 and 2008 of the Criminal Act, he/she re-driving a motor vehicle.

The defendant, while driving a drunk vehicle, caused a collision with a parked vehicle and caused the risk of drinking driving to be realized.

However, as above, considering the fact that the previous alcohol driving force has been used for a long time, and that the defendant was driving 100 meters from the time when he returned to the office B by leaving his substitute engineer before the office B, the punishment shall be determined as ordered by taking into account all the factors of sentencing, including the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc. as shown in the records and arguments in this case.