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

On August 14, 2008, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking), and was sentenced to a suspended sentence of two or more times on July 22, 201 for a crime of violating the Road Traffic Act (drinking on July 22, 201) at the Suwon District Court, and was sentenced to a suspended sentence of two or more times for a crime of violating the Road Traffic Act.

On May 21, 2018, the Defendant driven a B-type vehicle under the influence of alcohol content of about 0.140% from the 100-meter section to the front road of the entrance of the entrance of approximately 100 square meters at approximately 100 meters, from May 21, 2018, at around 21:35, 1:9, 34-1, 34-1, 34-1, 1.9, 34-1, 1, 104, 1-2, 300 square meters in front of the apartment commercial building in the city of Namyang-si, Nam

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions and on-site map;

1. On-site photographs;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of persons subject to criminal suspect drinking), and application of the text of the judgment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order has a record of having been punished several times for the same kind of crime, such as drinking driving and escape vehicles, even before the defendant was sentenced to punishment.

In particular, the defendant was sentenced to suspended sentence due to drinking driving in 2008 and 2011.

Nevertheless, the instant crime was committed while driving under the influence of 0.140% of alcohol concentration in the blood of the second blood.

The possibility of criticism against the defendant is high.

However, the case where the defendant was exposed to driving alcohol due to a minor accident in the course of driving a parked vehicle in contact with someone group and moving it to another place near the other place, and the defendant's assertion about the above drinking driving circumstance cannot be considered in determining the punishment unless there are any other circumstances that make it clear that the defendant's assertion about the above drinking driving is clearly false.