A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2] On January 22, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the original Chuncheon District Court's original branch on January 22, 2008, and a summary order of KRW 3 million for the same crime at the same court on October 6, 2008, respectively. On January 24, 2013, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime for two years at the same court on August 24, 2013.

[2] On October 22, 2015, the Defendant driven BM520 V automobiles under the influence of alcohol concentration of about 600 meters in the section of approximately 0.081% during blood while under the influence of alcohol content from the day before a restaurant in the name of “Amsong Skwan,” which is located in the Gandong-dong short-gu short-term branch site of nuclear power, to the middle school distance in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Criminal records as stated: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of criminal records of the same kind) statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of protection observation and community service order is already punished four times due to drinking driving. In particular, since the Defendant was sentenced to a suspended sentence of two years due to drinking driving in 2013, even though he was sentenced to a suspended sentence of eight months due to drinking driving, he/she once again drives drinking, his/her criminal liability is heavy.

However, at the time of the instant case, the amount of alcohol concentration among blood was relatively high, and the Defendant’s mistake is against the wrong.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.